Supermarket location due to exceeding the decision period by the municipality
In a dispute with the municipality of Helmond, the issue is whether a project developer has obtained an environmental permit to build a supermarket. Jumbo, among others, opposes this. The Council of State rules that an environmental permit has been created by operation of law due to the municipality of Helmond exceeding the decision period. See RvSt 5 June 2024, ECLI:NL:RVS:2024:2336.
Merwehave BV is the owner of a project location. On July 8, 2021, she applied for an environmental permit from the municipality to realize a supermarket at the project location. The municipality did not respond to this within the decision period, as a result of which an environmental permit was granted by operation of law. However, the municipality refused to acknowledge that a permit had been granted by operation of law. Merwehave BV did not agree with this and subsequently went to court, which agreed with Merwehave BV. The environmental permit was therefore granted.
Jumbo, among others, disagreed with the court’s decision. They believe that a supermarket should not be built at the project location because it would not be in accordance with the zoning plan. Jumbo has already established Jumbo supermarkets in the area. In order to still qualify for an environmental permit, according to Jumbo, a regular preparation procedure would not have been sufficient. However, on appeal it is ruled that the environmental permit was indeed rightly granted, as the court previously ruled.
The foregoing means that the environmental permit must be issued. This does not end the dispute. Objections were again raised against the granting of the environmental permit and the municipality has decided to withdraw the environmental permit (on other grounds). The legal marriage process will continue for a while.
Ludwig & Van Dam lawyers, franchise legal advice.
Do you want to respond? Then email to dolphijn@ludwigvandam.nl
Other messages
Article Franchise+ – “Recipient’s liability in a franchise context, what exactly is that about?” – mr. K. Bastiaans – dated November 24, 2020
The phenomenon of hirer's liability means that a third party can be held liable for the debts of another under certain conditions.
Franchisor liable for errors made by a franchisee? – mr. AW Dolphijn – dated November 23, 2020
A franchise organization asked the court to declare that the franchisor is not liable if a franchisee has made a serious mistake with a customer.
The Real Intentions of the Parties to a Franchise Agreement – Mr. C. Damen – dated November 23, 2020
What really was the idea of the parties when they concluded a franchise agreement?
Circumventing the prohibition of competition in the franchise agreement – mr. AW Dolphijn – dated November 10, 2020
A non-competition clause in a franchise agreement is often experienced as objectionable by franchisees, especially if the non-competition clause also applies after the franchise agreement has expired.
Article Franchise+ – “How do I get rid of my debts: Also for franchisees and franchisors” – mr. AW Dolphijn – dated October 20, 2020
A reorganization may also be necessary for franchisees and franchisors who are in financial difficulties in order to continue to exist.
Article De Nationale Franchise Gids: “Reinvestment obligation for franchisees has limits” – dated October 13, 2020 – mr. RCWL Albers
In practice, it often happens that franchisors choose to renew their franchise formula and the appropriate image