Thu Jun 27, 2024, 11:34 AM News read 441 times
MOLENLANDEN • The fact that the judge has sentenced Molenlanden to pay 130,000 euros in damages to an entrepreneur from Langerak is the result of a communication blunder. ‘Being careful in what you promise is a lesson we can learn from this’, according to alderman Arco Bikker.
The lengthy lawsuit and the high fine prompted SGP member Bas de Groot to ask questions during the committee meeting on Wednesday. The CDA previously asked questions about the subject, but at that time the matter was still before the courts. Bas de Groot asked for an explanation of the reason for this lawsuit.
Commitment made
“It concerns a case that started between 2008 and 2009,” councilor Arco Bikker explained to the council members. “There was an initiator who wanted to build homes in Langerak, at the address Lekdijk 13. The council did not agree. He later applied for a permit for a multi-tenant business building. The council had to grant that permit, but the council said: we would rather see some homes here than a multi-tenant business building. The council then committed itself to making this spatially possible within a number of years.”
Did not succeed
The council’s promise turned out to be contrary to provincial policy. “They wanted to keep business destinations. And simply adding homes in the countryside was perhaps more difficult then than it is now. A letter to the owner stated that it would happen within the foreseeable future, but that did not work out. It only came to fruition in 2018.”
Juridical procedure
The owner of Lekdijk 13 started legal proceedings against the municipality. “With a request for compensation for lost income. That was a total claim of 1.3 million. This started in the final phase of the municipality of Molenwaard, in 2018.”
Insurance pays
A judge ruled on the case in mid-April. Bikker: “The municipality must therefore pay more than a hundred thousand euros of the claimed 1.3 million euros. The settlement of the damage falls under our insurance, so it does not directly affect our wallet. It was still possible to file an appeal. That term expired on 6 June, neither party filed an appeal against the ruling. You are asking for a statement of facts. We will draw that up. That will probably be more or less this story.”
Learn lessons
Bas de Groot wanted to know whether the council is learning lessons from the Lekdijk case 13. Bikker: “It is in any case wise that things you indicate on paper are clear, that you indicate what you are committed to. I have read back some of the letters. The judge found that they were formulated in such a way that there was an actual commitment. It’s been five years too late. You have to pay for that delay. Being careful in what you promise is a lesson we can learn from it.”
Points of improvement
It was a case that dragged on for years. “It doesn’t benefit anyone that it continued to muddy for so long,” says Bikker. “We will try to include some lessons and points for improvement in the timeline about Lekdijk 13.”
Cheap?
CDA member Wout de Jong was not yet satisfied with the answer. “I am also insured. When I have to call my insurance, I know for sure that my premium will increase so much that I will have to pay it back in full and that I will be excluded from certain things in the future. Isn’t it a bit cheap and easy to dismiss this matter by saying: we are insured for it?
Inquire
Bikker responded: “I would have to ask whether it has consequences for insurance costs in the long term. I can imagine that we merge the answer with answers for Mr. De Groot.”
Brief
De Jong also had a question for fellow councilor Bas de Groot. “I raised this subject with the council at the beginning of April and was surprised that we did not receive a council information letter about this. Should we receive a council information letter from the council in the future regarding these types of matters?”
Information comes
De Groot replied in the negative. “As long as it is before the courts, you have to be careful with exchanging information. You cannot go into detail about it. The council was able to inform us after June 5. Now that information comes anyway because we asked the question.”
2024-06-27 09:58:37
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