Voorlopige voorziening van Rechtbank Zutphen, December 17, 2012
Spreker: | gepubliceerd |
Datum uitspraak: | 2012/12/17 |
Uitgevende instantie:: | Rechtbank Zutphen |
RECHTBANK ZUTPHEN
Sector Bestuursrecht
Voorzieningenrechter
Reg.nrs.: 12/1130, 12/1158, 12/1159, 12/1160, 12/1163, 12/1164, 12/1168 en 12/1169
Uitspraak op de verzoeken om een voorlopige voorziening, tevens uitspraak in de hoofdzaken, in de gedingen tussen:
Bomenstichting Achterhoek
te Doetinchem,
verzoekster/eiseres, hierna: eiseres,
en
het college van burgemeester en wethouders van de gemeente Bronckhorst
verweerder.
-
Procesverloop
Bij besluiten van 10 en 11 januari 2012 heeft verweerder aan de gemeente Bronckhorst omgevingsvergunningen verleend voor het vellen van 18 bomen (16 kastanjes, 1 liquidambar en 1 esdoorn) aan de Dorpstraat, 20 bomen (3 haagbeuken, 8 eiken, 1 beuk en 8 platanen) aan de Burg. Galleestraat en Zutphenseweg, 17 bomen (lindes) aan de Bleek en 17 bomen (lijsterbessen) aan de Komvonderlaan in Vorden.
Bij brieven van 13 en 14 februari 2012 heeft eiseres tegen deze besluiten bezwaar gemaakt.
Bij besluiten van 26 juni 2012 (hierna: de bestreden besluiten) heeft verweerder de daartegen gemaakte bezwaren gedeeltelijk gegrond verklaard en de verleende omgevingsvergunningen gewijzigd.
Eiseres heeft beroep ingesteld en verzocht om een voorlopige voorziening.
De verzoeken zijn behandeld ter zitting van 10 december 2012, waar namens eiseres [naam] is verschenen, bijgestaan door mr. D.M. De Bruin, advocaat te Baarn. Verweerder heeft zich laten vertegenwoordigen door J. Wassink en M. Niessink, bijgestaan door mr. J. van Zinderen, advocaat te Laren (NH).
-
Overwegingen
2.1 Indien de voorzieningenrechter na de behandeling ter zitting van een verzoek om een voorlopige voorziening van oordeel is dat nader onderzoek redelijkerwijs niet kan bijdragen aan de beoordeling van de zaak, kan hij, ingevolge artikel 8:86 van de Algemene wet bestuursrecht (Awb), onmiddellijk uitspraak doen in de bij de rechtbank aanhangige hoofdzaak. Van deze bevoegdheid wordt in dit geval gebruik gemaakt.
2.2 Gelet op het verhandelde ter zitting spitst het geschil zich toe op de voorgenomen kap van 8 platanen aan de Zutphenseweg.
2.3 In het op 1 oktober 2010 in werking getreden artikel 2.2, eerste lid, aanhef en onder g, van de Wet algemene bepalingen omgevingsrecht (Wabo) is, voor zover hier van belang, bepaald dat voor zover ingevolge een bepaling in een gemeentelijke verordening een vergunning of ontheffing is vereist om een houtopstand te vellen of te doen vellen, een zodanige bepaling geldt als een verbod om een project voor zover dat geheel of...
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