Neighbors win appeal in Paradiso noise dispute; Court orders Amsterdam to investigate

The longstanding battle over noise pollution near the Paradiso music venue took a new turn as the Administrative Law division of the District Court of Amsterdam ordered the municipality to reevaluate its methodology and measurements. In response to complaints from three local residents about street commotion, equipment handling, and loud music, the court deemed the city's previous noise assessments inaccurate in a ruling handed down on Monday.

This ruling came after the municipality rejected pleas for stricter enforcement at Paradiso, prompting residents to seek legal recourse. Paradiso said in the past that it feared harsh enforcement of city noise regulations could force the club, in existence since 1968, to close its doors at 11 p.m. every night. The city agreed, saying that it would be difficult to determine if decibel measurements are caused by Paradiso or the general noise of crowds, trams, and traffic in the Leidseplein area and the other businesses there.

The dispute, initiated by three neighbors residing on Weteringschans and Max Euweplein, centered on noise disturbances which they allege as detracting from their quality of life. The municipality investigated their 2019 request for noise standards enforcement, but rejected their claim. The city acknowledged the presence of elevated noise levels at certain building facades, but contended the measurements did not translate into tangible disturbances for residents. The city argued in court that it "would be disproportionate" to punish Paradiso for the "noisy environment" on the street which may actually mask the noise from the music venue.

The residents filed an objection to the initial decision, which the municipality also rejected. That prompted the neighbors to pursue legal action, asserting that the noise levels often exceeded what is permitted by the city's local regulations.

The court ruling on Monday highlighted a significant setback for the municipality, and also Paradiso, with the court declaring the initial noise measurements as inaccurate. The court also shot down the city's claim that one of the plaintiffs refused to allow a city expert into her home to carry out noise measurements. As a result, the municipality was ordered to conduct new noise assessments within the next ten weeks. Those measurements must then be taken into account when the city reconsiders the claim from the three residents.

"Until then, nothing will change for Paradiso, but the long-term consequences remain unclear," Paradiso wrote in a statement. The 56-year-old venue will move forward with its renovation and expansion plans as part of its look towards the next four decades. It will also continue with the use of "temporary measures to reduce inconvenience to the neighborhood."

The court's decision signified not only a legal victory for the complaining residents but also a recognition of the municipality's obligation to uphold the well-being of its citizens, the plaintiffs' attorney, Anna Tsheichvili, told Parool. "It finally was recognized that the municipality had to act properly."

That said, the plaintiffs' stance is not fully supported by their fellow neighbors. Another group of concerned residents calling themselves the Buren van Paradiso published an open letter in Parool in defense of the venue. The wrote that they want "to show our support for this iconic place that has played a central role in our community and in the hearts of many of us for years." The popular venue is located inside a former city center church built in 1880.

The organization said the plaintiffs certainly have a right to pursue their legal action, but denied that the complaints reflect the "general consensus" of others in the neighborhood, which is linked to the Leidseplein entertainment district. "The strength of our community lies in our ability to listen, understand and collaborate," they wrote in December. "We stand for an approach in which open dialogue and mutual respect are central and in which we jointly strive for solutions that benefit everyone."

Paradiso and the city of Amsterdam can appeal against the ruling to the Council of State. They have six weeks to decide whether to appeal to the highest administrative court in the Netherlands.