Due to a ruling by the Supreme Court, the municipality must give equal opportunities to interested parties when issuing land. A selection procedure is not necessary if it has been established in advance or can reasonably be assumed that only one candidate will be eligible for the land.
The municipality believes that in this case the exception rule as stated in the judgment applies and there is only one serious candidate for the following reason.
C2000 communication system
By letting the plot of land in question, the City of Leeuwarden is temporarily fulfilling its obligation to maintain the C2000 communication system for the emergency services. This antenna currently is currently sited on the former ING building. As this office location is being converted into flats, this transmitter mast will be (temporarily) removed. Since it is necessary for the emergency services to communicate with each other, this location has emerged as a temporary site for this C2000 transmitter mast. There must be an antenna in the immediate vicinity of the current location. The local-government owned plot is ideally suited for this purpose.
The local authority takes the view that, in view of the above, the State is the only serious candidate for the temporary use of the plot. The local authority therefore considers that there is only one serious bidder in this case.
