In some cases in Zoetermeer, you automatically receive a permit if the municipality does not take a decision within the prescribed period. This principle is called lex silencio positivo or deemed permit.
What does lex silencio positivo entail?
Lex silencio positivo, or 'silence means consent', means that in Zoetermeer you obtain a permit if the municipality does not make a decision in time. The permit is then automatically granted.
When does this principle apply?
In Zoetermeer, lex silencio positivo applies to:
- Standard environmental permits (for example, for construction projects)
- Certain permits for events
- Other permits where this is explicitly provided for by law
When does it not apply?
The principle does not apply to:
- Environmental permits with an extended procedure
- Permits with high risks to the environment
- Permits for environmental activities
- Situations where the law explicitly excludes it
What happens if the permit arises automatically?
If the decision period in Zoetermeer expires without a response from the municipality:
- The permit arises automatically by operation of law
- You must ask the municipality for written confirmation
- The municipality must officially publish the permit
- You may only start the activity after publication
Frequently asked questions about lex silencio positivo in Zoetermeer
How do I know if my permit has been automatically granted?
If the decision period has expired without a response, you can request the Municipality of Zoetermeer in writing for confirmation of the deemed permit.
Can an automatically granted permit be revoked?
The municipality cannot revoke such a permit at will, but other parties, such as neighbours, can lodge an objection.
May I start immediately after the period has expired?
No, you may only start after the official publication of the permit by the Municipality of Zoetermeer.
Additional questions and answers
What is the duration of the decision period in Zoetermeer?
The period varies per permit, but for a standard environmental permit it is usually 8 weeks. It can sometimes be extended by 6 weeks. Check the exact period in the law or in the acknowledgment of receipt of your application.
What if the municipality says that lex silencio positivo does not apply?
Request written explanation as to why this principle would not apply. Check the relevant legislation and consider lodging an objection or seeking legal advice via the Juridisch Loket Zoetermeer.
Can I object to an automatically granted permit?
Yes, third parties such as neighbours can lodge an objection with the Municipality of Zoetermeer within six weeks after publication. If the objection is upheld, the permit may be amended or revoked.
What are the risks of starting without official publication?
If you start without publication, the municipality may consider this illegal. This can lead to a halt to construction, fines or an obligation to demolish.
How do I request confirmation of a deemed permit?
Send a written request to the Municipality of Zoetermeer with your application number and submission date. State that the period has expired and request confirmation.
Does this also apply to online applications in Zoetermeer?
Yes, the principle also applies to digital applications. The decision period starts once the application is fully submitted, regardless of the application method.
What if the municipality rejects after the period?
A rejection after the decision period is invalid, because the permit has already arisen automatically. Point this out to the municipality and request proper confirmation. If necessary, you can take legal action via the District Court of The Hague.