The Council of State has ruled that the municipality of Almere does not have to pay compensation to residential care provider Henry Tijken van Kansz Almere. Tijken argued that municipal officials and administrators had committed to allowing a residential care centre for young people with intellectual disabilities on the Operetteweg, and that the zoning plan permitted 24-hour residential care. The Council of State found that an official’s email and the advance of an environmental permit did not constitute firm commitments, especially since the municipal executive later interpreted the zoning plan differently after residents raised concerns about nuisance.

The municipality imposed a penalty and Tijken had to close the site. Tijken said the ruling was a major disappointment and that he had incurred substantial costs, including after parents had to move their children elsewhere. He also said staff had faced incidents at a nearby detention facility and that the municipality had treated his facility unfairly compared with people now living in the same building and commuting to work.