Public decision list Sept. 12, 2023

Superior and planning agreement Molekeslaan 1

On May 31, 2022, the college approved the request in principle for splitting the Molekeslaan 1 plot for the purpose of building an additional (senior citizen) dwelling. Before the environmental permit can be granted, the college must agree to the drawn up anterior agreement and plan damage agreement. With this the costs to be made by the municipality can be recovered from the initiator.

The college approved and decided to enter into the antecedent and plan compensation agreement with the promoter.

Decision on objections directed against the granted environmental permit for the establishment of a temporary restaurant on the parcel Kerkhoef 12 in Nuenen

Five objections have been filed against the granted environmental permit for the establishment of a temporary restaurant on the parcel Kerkhoef 12 in Nuenen. The objections were dealt with during a hearing of the objections committee. The committee recommends that the decision be upheld with improvement of the substantiation and attaching regulations to the environmental permit.

The College decided, adopting the opinion of the Objections Committee,
- To declare the objections admissible;
- to declare the objections regarding the lack of clarity regarding the location of the terrace and the parking spaces, the deviation from the application, the number of visitors allowed and the number of parking spaces required to be justified;
- declare the other objections unfounded;
- reject the requests for reimbursement of legal costs.

The contested decision is upheld with the understanding that the following Requirements are attached to the environmental permit:
- the number of visitors to the restaurant shall not exceed 50;
- the restaurant is open a maximum of 4 days per week;
- per day the restaurant is open for a maximum of 7 hours;
- a maximum of 100 m² of terraces may be used simultaneously;
- alternating wait staff is used;
- the situational drawing accompanying the environmental permit received July 12, 2022 is replaced by the Werkstatt situational drawing;
- the spatial justification accompanying the environmental permit shall be supplemented by the Notitie herstelbesluit omgevingsvergunning dated June 7, 2023.

Funding system Brainport Accessibility

The Eindhoven Metropolitan Region has asked the college and the council to approve the regional funding system Bereikbaarheid Brainport and the municipal contribution to the package of measures Bereikbaarheid Brainport.

The college decided to agree to the system, include the municipal contribution in the 2024 budget and multi-year estimate 2025-2027 and send a council information letter to the council.

Covenant associated with Collaboration Agenda 2023-2026 Urban Area Eindhoven

The municipality of Nuenen cooperates with 8 other municipalities within the Eindhoven Urban Area. In April 2023, the council approved the Cooperation Agenda 2023 Urban Area Eindhoven. As a result, the current covenant must also be updated.

The college approved the updated covenant associated with the updated cooperation agenda. After the covenant is signed by all 9 municipalities, the council will be informed through a council information letter.

Adjustment Joint Regulation Safety Region Brabant-Zuidoost

As of July 1, 2022, the Joint Arrangements Act has been amended. This makes it necessary to amend the Joint Regulation Safety Region Brabant-Zuidoost (VRBZO). The purpose of the law amendment is to improve the involvement of people's representatives in the governance of a collaborative arrangement. The draft regulation complies with the provisions of the amendments to the Wgr.

The council proposal "Adjustment of Joint Regulation Safety Region Brabant-Zuidoost" is submitted to the council for decision.

Recovery decision zoning plan review "Buitengebied revision Rullen 7"

The council adopted the zoning plan "Buitengebied herziening Rullen 7" on September 29, 2022. An appeal has been filed against the adopted zoning plan. One of the grounds of the appeal relates to the assessment against the North Brabant Interim Environmental Ordinance (IOV). The Appellant was correct in his assertion that the assessment was made against the wrong IOV. As a result, it was now up to the Council to adopt a remedial decision revising the grounds on which the adoption decision was based and indicating as yet whether, and if so why, the present zoning plan could be adopted with application of Section 3.79 of the IOV (new).

The council proposal recovery decision zoning plan "Buitengebied revision Rullen 7" is submitted to the council for decision.

Adoption of zoning plan 'Kapperdoes, revision 1'

The draft zoning plan "Kapperdoes, revision 1" was available for public inspection for a period of 6 weeks starting June 16, 2023. No views were submitted within that period. Simultaneously with the draft zoning plan, the draft decision for higher values was also available for inspection. No views were submitted against that draft. It is proposed to adopt the decision on the higher value and to submit the zoning plan to the city council for adoption.

The college decided to grant the higher value exemption for 4 of the dwellings made possible by the zoning plan "Kapperdoes, revision 1".

The council proposal zoning plan "Kapperdoes, revision 1" is presented to the council for decision.

Extension of service agreement ODZOB January 1, 2023 - July 1, 2024

A service agreement (DVO) 2019-2022 has already been established for the Omgevingsdienst Zuidoost Brabant. The request is to continue this DVO unchanged for the period January 1, 2023 to July 1, 2024. For this purpose, the dates in the old DVO have been changed.

The college decided to adopt the new DVO of the joint arrangement ODZOB for January 1, 2023 - July 1, 2024.
Council proposal Amendment common regulation Omgevingsdienst Zuidoost-Brabant
As a result of the amendment of the Common Regulations Act, the common regulation Omgevingsdienst Zuidoost-Brabant must be amended. The Board of the Omgevingsdienst has therefore released a draft amended regulation ODZOB 2024.

The council proposal "Amendment of common regulation Omgevingsdienst Zuidoost-Brabant" is submitted to the council for decision.

Response to draft amended regulation MRE 2024

As a result of the amendment of the Joint Arrangements Act, the Eindhoven Metropolitan Region Joint Arrangement must be amended. The board of the Eindhoven Metropolitan Region has therefore sent a draft amended regulation MRE 2024 to the councils and colleges of the participating municipality. The council and the college can respond to this. The college proposes that the council submit a response, also on behalf of the college.

The council proposal "Amendment of Joint Arrangement Metropolitan Region Eindhoven 2024" is submitted to the council for decision.