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It has often been the subject of litigation in various courts: the interpretation of definitions in zoning plans. What exactly is meant by a specific term and what uses does it cover? These are common questions.
The ruling discussed in this blog again focused on a definition. Indeed, in its ruling of 12 March 2025, the Gelderland District Court had to rule, among other things, on the definition ‘recreational’. More specifically, it had to assess whether airsoft activities could qualify as ‘recreational’. The zoning plan and the explanation of the plan did not make this sufficiently clear.
The court referred to established case law of the Division, which states that plan rules must be interpreted literally for the sake of legal certainty. Based on legal certainty, in principle, what is stipulated in the zoning plan must be assumed. For the meaning of a term, therefore, in the absence of points of reference in the zoning plan and the explanation of the plan, a connection must be sought to what is understood by it in general speech. The meaning from the ‘Van Dale Groot Woordenboek van de Nederlandse taal’ can be used.
The Van Dale describes ‘recreational’ as ‘relating to recreation, from the point of view of recreation, recreational sports more for relaxation than for performance’. The court therefore ruled that airsoft activities should be considered recreational. In doing so, it also took into account that airsoft is a sport certified by the NOC NSF and the business is aimed at ‘team building’ and ‘relaxation’.
When assessing the meaning of a definition from the zoning plan, therefore, in addition to the zoning plan and the explanation of the plan, the interpretation of that definition in ‘the Dikke van Dale’ is mainly important.
You can read the ruling here.
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