‘t Taphuys on the Mariaplaats in Utrecht is rejected by the Council of State and is not allowed to build a larger terrace

‘t Taphuys in Utrecht is not allowed to build a larger terrace. The restaurant on Mariaplaats wanted a terrace of 4.85 meters and applied for a permit from the municipality, but this was rejected. Going to court also did not help: the Council of State ruled in the municipality’s favor on Wednesday.

‘t Taphuys applied for a permit from the municipality in 2019, because the restaurant wanted to build a terrace of 6 meters deep. After contact with the municipality, this was adjusted to 4.85 meters, but the municipality came to the conclusion that the terrace on the Mariaplaats may be a maximum of 1 meter deep.

According to the municipality, a larger terrace is not possible at this location, because there is a ‘shared space zone’ and the terrace would be in the walking route. ‘t Taphuys appealed to the court, but the municipality agreed. The restaurant then appealed to the Council of State, which ruled on Wednesday.

Free passage

The case therefore revolves around the question of whether ‘t Taphuys can build a larger terrace than the 1 meter for which the municipality issued a permit. ‘t Taphuys believes that a larger terrace should be possible, because there is a free passage of 4 meters between the terrace and the traffic. In addition, the restaurant says that terraces that block the entire sidewalk are allowed on the other side of Mariaplaats and Mariastraat.

However, the Council of State draws a different conclusion: the municipality does not always have to allow a terrace, even if the free passage is four meters. “The standard of 4 meters is a minimum standard, which means that wider margins may be required in specific cases (…).”

Municipality is right

The municipality had to consider whether the terrace hinders the free passage of traffic and, according to the Council of State, it has done so sufficiently. The Council of State therefore rules in favor of the municipality, which means that ‘t Taphuys is not allowed to build a larger terrace.