Assessor in playground noise dispute
30 June 2006, BRUSSELS — The legal battle around alleged noise pollution from playground activities in the Lauwe entered a new phase on Friday.
30 June 2006
BRUSSELS — The legal battle around alleged noise pollution from playground activities in the Lauwe entered a new phase on Friday.
The Ghent Court of Appeal ordered an interim manager to assess the alleged neighbourhood disturbance caused by the holiday activities at the Hoeve Delaere youth centre in Lauwe.
In the meantime, the playground's activities are continuing as normal and the court will impose a definitive ruling on the centre's future in the autumn.
The Kortrijk Court ruled on 10 January that the playground activities did not belong in a residential area. It imposed a fine of EUR 1,000 for every breach of the ruling.
The ruling came after residents lodged a complaint over noise pollution, but the city of Menen appealed against the closure of the playground, which is located in the city district of Lauwe.
The defence lawyer appointed by the Flemish regional government claimed in court that playground activities are permitted in a residential zone according to the regional plan.
Moreover, the lawyer dismissed claims of noise pollution.
A noise pollution expert and a temporary manager of the playground will test the noise during the summer holiday period.
In the meantime, the activities at the youth centre can proceed as normal. The interim manager's report must be finalised by 20 October.
The case will then be reheard on 24 November in the Ghent Court of Appeal.
[Copyright Expatica News 2006]
Subject: Belgian news