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Decision-Making Following the Advisory Committee's Recommendation in Zoetermeer

The Board of Mayor and Aldermen in Zoetermeer decides following the recommendation of the advisory committee on objections but must substantiate any deviations (Article 7:14 Awb). While the recommendation is not binding, disregarding it increases the chances of appeal to the District Court of The Hague.

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Decision-Making Following the Advisory Committee's Recommendation in Zoetermeer

After receiving the recommendation from the advisory committee on objections of the Municipality of Zoetermeer, the Board of Mayor and Aldermen (college of B&W) issues a decision on the objection, as regulated under Article 7:14 of the General Administrative Law Act (Awb). While the recommendation is not binding, the Board must substantively incorporate it into the decision, in line with local governance practices in Zoetermeer.

Obligations of the Board of Mayor and Aldermen

  • Substantiation: Deviation from the recommendation of the Zoetermeer advisory committee requires comprehensive justification, as prescribed by the Awb.
  • Timeframe: A decision must be made within 12 weeks following the hearing at Zoetermeer City Hall or a designated location.
  • Notification: The complainant receives the decision, including the advisory report as an annex, via the official postal service of the Municipality of Zoetermeer.

Consequences of Deviation in Zoetermeer

If the Board of Mayor and Aldermen in Zoetermeer disregards the recommendation, this increases the likelihood of a successful appeal to the administrative court, such as the District Court of The Hague. Recent rulings by the Council of State, which are relevant to Zoetermeer, emphasize the significant weight of such recommendations. Locally, the Board follows the recommendation in approximately 75% of objection cases, according to annual reports from the Municipality and statistics from the Council for the Judiciary.

This mechanism balances the autonomy of Zoetermeer's local government with oversight by independent advisors, thereby enhancing legal certainty for residents, particularly in common local matters such as parking permits or construction decisions.

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