- We live next to a municipal kindergarten in Esbjerg. As we have done in respectively 2 and 3.5 years.
- It has been smooth until suddenly a summer day in 2018 when the city starts rebuilding of the kindergarten's outdoor areas. Without notice, information or consultation with us neighbors.
- There will be built a new high play sets and sourced electrical music-slaginstrumenter and built large sandboxes and a bike path and playing fields.
And even suddenly all these facilities are also available outside the nursery's opening hours, so we are neighbours now full time heavy bothered by the noise and disturbance.
- And not just during business hours, but 24/7. All are simply welcome, and it is being extensively used by many different groups.
so begins four Esbjergborgere a letter to the nation! on the in their ears – and eyes – totally unfair way of Esbjerg Municipality is treating them. For no matter how much they have tried to make the municipality aware that the nursery noise bothers them, then there is no help to retrieve. And why are they trying now to write to the nation!, to hear, about there possibly are some that can give them a good advice.
Their letter that the Municipality of Esbjerg comments below – continues namely as follows:
- Neighbours ' enquiries to the municipality on account of us and our leisure time will meet only with rejection and there is no understanding or kindness or willingness to defend neighbors against nuisances and noise.
- We have otherwise sent the municipality the massive documentation that the legislation is not complied with. This applies both to my noise, disturbance and on-schedule conditions.
Esbjerg Municipality Level 2018-2030 is violated. The framework allows not, that the municipality operates a kindergarten on the location.
the Law allows, quite simply, not a class that can accommodate the operation of the nursery on the location.
- But Esbjerg Municipality administrations are holding themselves above the laws and rules and hold their own public institutions, higher than laws and frameworks.
- The very same laws and frameworks and rules that they require that citizens and private companies must comply with to the letter, sounds it from the four citizens, and the municipality has been planchef, Peter Bagge and områdechef for Kids & day Care, Mette Lindkær to respond to what they say to the charges on the municipal zone plan is being violated and why, there must be access at all times to the kindergarten playground:
- the Nursery location on Havbakken is completely in line with the Planlovens provisions.
- the Kindergarten Havbakken is approved by the Sognerådet in Guldager and the ministry of housing in 1969. The building itself is listed by the Municipality of Esbjerg in 1970, shortly after the kommunesammenlægningen.
the Kindergarten has been in continuous continued operation ever since.
according to the Planlovens § 56 can be an existing lawful operation continue even if the plangrundlaget be changed, if there is a continued operation which has been interrupted for over 3 years.
- I must refer to two klagenævnsafgørelser from Nature and Miljøklagenævnet, NMK-33-03449, NMK-33-00083.
- With reference to the above, there is thus a in accordance with the planning act lawful operation and the complaint is therefore rejected, writes planchefen.
- Some of the institutions and their boards of directors choose, this should be an opportunity for the children and their families, outside business hours.
- This is like an extended public service, and we have received many positive reactions to them from the local families.
- When a playground made available outside the nursery normal opening hours, it must of course be done with due respect for the nursery neighbors.
- Therefore, we have just set up a sign for all the users of the playground, which calls for the use of the playground responsibly.
- It is to respond to the complaints and at the same time ensure that families with children also continue to have the pleasure of udendørsfaciliteterne in Havbakken, writes områdechefen, but what are you thinking?