Onder 6.5. Raad van State 4 april 2018

"4. Whether the interference was justified 45. The Court considers that, in an area as complex and difficult as that of the development of the countryside, the Contracting States should enjoy a wide margin of appreciation in order to implement their town and country-planning policy (see Terazzi S.r.l. v. Italy, no. 27265/95, § 85, 17 October 2002, and Elia S.r.l. v. Italy, no. 37710/97, § 77, ECHR 2001-IX). Nevertheless, the Court cannot fail to exercise its power of review and must determine whether the requisite balance was maintained in a manner consonant with the applicant’s right of property (see, mutatis mutandis, Sporrong and Lönnroth cited above, § 69). 46. It is not disputed that the applicant’s storage facility had been erected without a building permit and therefore in blatant violation of the domestic building regulations. In the Court’s opinion, the effect of ordering the demolition of a totally unlawful construction is to put things back in the position they would have been in, had the requirements of the law not been disregarded. In this manner, the authorities guarantee a full protection of the environment as well as deterring other potential offenders. 47. In view of the above, the Court finds that the measure complained of was not disproportionate to the legitimate aim pursued. The fact that the applicant was acquitted at the outset of the criminal proceedings cannot change this conclusion. To hold otherwise would be tantamount to oblige the domestic authorities to tolerate unlawful constructions each time their ownership is transferred to a third bona fide party. 48. It follows that there has been no violation of Article 1 of Protocol No. 1."

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