Establishment of municipal right of first refusal to trot and racecourse Duindigt

08-07-2025, 16:38

Notification for public inspection of decision to (provisionally) establish preferential right pursuant to Article 9.1(2) of Omgevingswet

The Mayor and Aldermen of the Municipality of Wassenaar announce that by preferential right decision dated July 1, 2025, they have decided to establish a provisional municipal preferential right, pursuant to Article 9.1 paragraph 2 of Omgevingswet to the parcels of land cadastrically known as municipality of Wassenaar,

section E, number 1801, measuring 13,420 m2;
section E, number 1943, measuring 145 m2;
Section E, number 2053, measuring 236,773 m2;
Section E, number 2119, measuring 5,740 m2;
section E, number 2120, measuring 30 m2.

Locally known draf- en renbaan Duindigt, located at Waalsdorperlaan 29 and 29A as well as Waalsdorperlaan 27A in (2244 BN) Wassenaar.

Period of validity

The preliminary preferential right decision will be valid for 3 months after its registration in the public registers of the Land Registry. Within this period, the council must follow up the preferential right decision with the establishment of an early preferential right as referred to in Article 9.1 paragraph 1, opening words and under c of Omgevingswet. The college submits the draft council proposal for this preferential right decision to the council.

Location, current use and destination/function

The lots on which the preferential right is established are located at Waalsdorperlaan 27A, 29 and 29A in (2244 BN) Wassenaar as shown on the ground plan attached to the decision and forming part thereof and certified as such. The plots of land are currently in use as a trotting and racing course with associated facilities.

Assigned function

A non-agricultural function is assigned to the site and whose use differs from the current function, to be detailed.

Impact

The decision of Mayor and Aldermen took effect at the time of registration in the public registers of the Land Registry, which was done on July 3, 2025. The effect of the decision of the mayor and aldermen is that the owners and limited proprietors of the immovable property subject to the preferential right when they wish to dispose of their (right to the) immovable property must first offer it to the municipality. A number of legal acts are exempt from this obligation, such as sales to certain family members or foreclosure sales (Articles 9.8 to 9.10 of Omgevingswet). The owners and entitled parties received the decision with a letter of explanation attached by (registered) mail.

For consideration

The decision of the Mayor and Aldermen is available for inspection by anyone free of charge from July 7, 2025 to August 18, 2025, at the Municipal Office of the Municipality of Wassenaar, Johan de Wittstraat 45 in (2242 KV) Wassenaar, together with the accompanying and forming part thereof, as well as a list showing the cadastral designation of the land included in the establishment, the size, as well as the names of the owners and limited beneficiaries.

The draft council decision and the accompanying and forming part thereof ground plan and a list showing the cadastral designation of the land included in the establishment the size, as well as the name of the owner and limited rights holders, will be available for inspection free of charge by anyone from August 4 to August 18, 2025, therefore for two weeks at the municipal office of the municipality of Wassenaar, Johan de Wittstraat 45 in (2242 KV) Wassenaar.

You can view the documents by appointment only at the municipal office. To make an appointment, contact the KCC on weekdays between 8:30 a.m. and 5 p.m., by calling 14070.

In addition, you can view the decision and related documents via the digital gazette at www.officielebekendmakingen.nl.

Within three months, the City Council must make a decision on (final) establishment otherwise the provisional preferential right will expire. The draft council decision will be made available for inspection. Interested parties to the decision will be notified of this and informed that they can submit an opinion on the draft council decision, as required by Article 4:8 and Article 4:9 of the General Administrative Law Act (Awb). An opinion can be submitted both in writing and orally. The opinion can be sent in writing to the City Council of Wassenaar, Postbus 499 in (2240 AL) Wassenaar.

To submit oral views, please Make an appointment an appointment through the Customer Contact Center (KCC), phone number 14070.

Objection, appeal, injunctive relief

In addition to the opportunity to express views on the City Council's proposed decision, the decision of the Municipal Executive Board is subject to objection and appeal. For a period of six weeks from July 7 to August 18, 2025, interested parties may submit a notice of objection to the Municipal Executive Board. The notice of objection should be addressed to the Municipal Executive of the Municipality of Wassenaar, Postbus 499 in (2240 AL) Wassenaar.

The notice of objection must be signed and must contain at least:
a. the name and address of the objector;
b. the date;
c. a description of the decision against which the objection is directed (c.q. the grounds);
d. the grounds of the objection.

The person submitting a notice of objection may, if required by immediate urgency in view of the interests involved, also apply for a preliminary injunction under Article 8:81 of the General Administrative Law Act (Algemene wet bestuursrecht) to the Interim Injunction Judge of the District Court of The Hague, Bestuursrecht, Postbus 20302, 2500 EH The Hague. You can also submit your request for a preliminary injunction digitally via https://loket.rechtspraak.nl/bestuursrecht. You will need DigiD to do so.

If the municipal council makes a preliminary injunction decision by establishing the preliminary right under Article 9.1(1)(c) Omgevingswet interested parties may also object to and appeal against that council decision. If interested parties choose to object now to the decision of the mayor and aldermen to provisionally establish, then, pursuant to Article 16.32c of Omgevingswet once the city council's preferential right decision has taken effect, that objection will be deemed to be directed against the council's preferential right decision. This arrangement prevents an interested party from having to file two objections and two appeals.

Further information

For further information, please contact the KCC of the Municipality of Wassenaar, telephone number 14070, quoting case number Z/25/101450/453515, on working days.