Need a lawyer immediately? Call: +31 10 220 44 00
Padel is hot among the sporting public. Although padel courts are springing up like mushrooms, it is still a struggle to reserve a court. Despite padel rapidly gaining popularity among the general public, local residents are increasingly complaining about nuisance or trying to prevent the arrival of new courts. Consequently, the Administrative Law Division of the Council of State increasingly has to rule on the desirability and admissibility of new padel clubs.
This week, two new decisions were published in which the Division ruled on the arrival and possible expansion of padel clubs. In one judgment, the municipality was found to have acted correctly, while in the other the municipality was reprimanded.
First, the ruling of 27 January 2025. The council of the municipality of Maashorst adopted a new zoning plan, which allows for a multifunctional sports accommodation. The applicant disagreed with the adoption of this zoning plan, as he feared adverse effects of (in particular) the noise of the two padel courts on his residential and living environment. The Division ruled that in this case the council's reasoned position, that an acceptable living and working environment would be maintained, could be followed. The applicant has not sufficiently demonstrated that this would not be the case. After all, the council has also submitted a noise report and the Division saw no reason to doubt this report.
In the other ruling dated 29 January 2025, the Division ruled differently. Here, the Division had to consider whether the planning regulations in the adopted zoning plan ‘Woongebieden Kom Uden’ were strict enough with regard to the realisation of new padel courts. In fact, new padel courts may be built on land zoned ‘Recreation’ without restriction, or at least no restriction has been included about this. The appellants therefore feared that their living conditions would be affected. They argued that the council had not conducted a new acoustic survey before this new zoning plan was adopted. The Division ruled that the council could not have adopted the zoning plan on this point without having a new acoustic investigation carried out into the noise pollution caused by the playing of padel within the entire sports complex. The zoning plan cannot therefore stand on this point.
Do you have any questions in this regard? If so, please contact Gerard van der Wende or Fleur Huisman.
Please note that the content of our website (including any legal submissions) is for non-binding informational purposes only and does not serve as legal advice in the strict sense. The content of this site cannot and should not serve as a substitute for individual and binding legal advice relating to your specific situation. All information is therefore provided without guarantee of accuracy, completeness and timeliness.