Drenthe family no longer allowed to use Terschelling home for holidays after 33 years
A family from Annen in Drenthe is not allowed to use their home on Terschelling as a holiday home anymore, despite doing so for 33 years. The municipality of Terschelling rightly determined that holiday use does not fit with the zoning plan, the Council of State ruled this week, RTV Drenthe reported.
The farm in Lies used to belong to the Drenthe family’s grandmother. Since she died in 1992, the family has used the farmhouse as a holiday home. In 2013, the municipality of Terschelling drew up a new zoning plan, stating that only homes that had been used as holiday homes before 1 June 1994 could be used for this purpose. The municipality hoped to keep residential homes out of the tourist sector with the measure.
The family thought nothing of it, since they’d been using the home for holidays since 1992. But in 1993, they briefly rented the home to a Terschelling family who needed accommodation. The Terschelling family was de-registered at the home in October 1994, after the 1 June 1994 cut-off. Because of that, using the farmhouse as a holiday home conflicted with the zoning plan, the municipality said.
The municipality imposed a penalty payment order on the family in 2020. If they violated the zoning plan by using the farm for recreational purposes, they faced a fine of 4,000 euros per month. The fine can run up to an amount of 24,000 euros.
The family objected, arguing that the Terschelling family left the home in February 1994. They had simply forgotten to deregister until after the cut-off date. But court after court ruled in the municipality’s favor, including the Council of State, the highest administrative court in the country.
The Council of State did not find the evidence convincing enough and ruled in the municipality’s favor. The house remains the property of the family, but holidays are not allowed there. They either have to live there permanently, sell the house, or rent it to a long-term tenant.
The family is very disappointed, their lawyer, who is also a family member, told Omrop Fryslân. “It feels like we are losing our grandmother’s holiday home because of something that went wrong 30 years ago.”
