The plans of a family from the South to place a jacuzzi in the garden of their home near Museumplein are cancelled. After they heard from the municipality last year that construction had to be stopped, the court has now also considered the matter. He believes that the municipality should draw a line through the hot tub dream.
In May of last year, the municipality received a report that the family was installing a jacuzzi in the garden. A building inspector notes that a concrete slab is being constructed in the garden where the hot tub is to be located. But then it turns out that the family does not have a permit for the work and that the jacuzzi does not fit into the zoning plan.
At the service of the garden?
The zoning plan states that only structures may be built that ‘serve’ the garden. According to the municipality, a jacuzzi does not do that and they refer to the meaning of the word garden in Van Dale. It states that a garden is ‘an enclosed area of land, with flowers, trees and other planted crops’.
The family believes that the hot tub would serve the garden and the meaning as stated in the Van Dale is old-fashioned and no longer fits the ‘current zeitgeist of a garden’. A garden would now be so much more than flowers and trees.
Catch flounder
But the court disagreed. He is of the opinion that the municipality was allowed to use the Van Dale definition of what a garden is. The court therefore does not see how a jacuzzi serves flowers, trees and other crops.
In addition, the judge notes that the municipality in the district has drawn a line to keep the gardens ‘green and open’. All in all, the court is therefore of the opinion that the municipality acted correctly in stopping the construction of the jacuzzi.
2023-10-09 14:02:26
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