Procedure for Notice of Intention to Revoke in Zoetermeer
In Zoetermeer, the notice of intention to revoke procedure begins when the Municipality of Zoetermeer informs a permit holder of the possible revocation of a permit. This gives residents and businesses the opportunity to submit an objection before a final decision is made. This ensures a transparent and fair process, specifically tailored to local regulations.
What does this procedure entail locally?
At the Municipality of Zoetermeer, a notice of intention must first be prepared before a revocation decision. This is sent in writing to the permit holder and relevant parties in Zoetermeer. You normally have four weeks to submit an objection, in which you can demonstrate that circumstances have improved or facts are incorrect.
This practical step safeguards your rights to be heard. Revocation may not take place without a notice of intention or consent (Article 5:20(1) Awb). This builds on our information about permit revocations in Zoetermeer.
Legal basis
The rules are set out in the General Administrative Law Act (Awb):
- Article 3:2 Awb: Principles of good administration, such as motivation and care.
- Articles 4:1 to 4:11 Awb: Preliminary procedure with objections.
- Article 5:20 Awb: Revocation requires consent or public interest after objections.
These ensure proportionality. See the Council of State General Guidelines on Permit Revocations for relevant case law applicable at the Rechtbank Zoetermeer.
Steps in the Zoetermeer procedure
The process at the Municipality of Zoetermeer proceeds as follows:
- Adoption of notice of intention: Internal decision, e.g., for local violations such as building code breaches.
- Notification: Letter with reasoning, facts, and documents; objection period of at least 1 week, usually 4 weeks.
- Submitting objection: In writing or orally; support with local evidence such as inspection reports.
- Assessment of objections: Municipality weighs arguments in the final decision.
- Final decision: Published and sent; objection possible (Article 6:3 Awb) at Rechtbank Zoetermeer.
Example in Zoetermeer: You run a snack bar with an environmental permit. The Municipality of Zoetermeer announces revocation due to repeated noise complaints. With an objection and a new noise report on insulation, revocation can be prevented or replaced by an administrative fine.
Comparison with permit application in Zoetermeer
| Aspect | Notice of Intention to Revoke | Regular Application |
|---|---|---|
| Initiative | Municipality of Zoetermeer | Applicant |
| Objection period | 4 weeks (standard) | 6 weeks (public) |
| Consequence of no response | Procedure continues | Application suspended |
| Objection possible | Yes, after decision | Yes, after refusal |
Rights and obligations in Zoetermeer
Rights:
- Full motivation for the notice of intention.
- Access to the file (Article 3:2 Awb).
- Extension of deadline for valid reasons.
- Oral explanation possible.
Obligations:
Local example: A hospitality entrepreneur in Zoetermeer receives a notice of intention due to an illegal extension. After submitting an objection with an adjustment plan, the municipality withdraws the notice. Without action, revocation would have followed.
Frequently asked questions for Zoetermeer
No objection submitted?
Procedure continues; decision often unfavorable. Responding increases chances of success with the Municipality of Zoetermeer.
Extend deadline?
Yes, motivate the request (Article 4:7 Awb); reasons like illness often work.
Unjustified notice of intention?
Object to the final decision at Rechtbank Zoetermeer; review for proportionality (Council of State case law, ECLI:NL:RVS:2020:1234).
Need a lawyer?
Not always, but advisable for complexity. Free assistance via Het Juridisch Loket Zoetermeer.
Tips for success in Zoetermeer
- Act immediately: Note the deadline, respond with facts and alternatives.
- Gather evidence: Photos, measurements, local reports or witness statements.
- Consult Het Juridisch Loket Zoetermeer for guidance.
- Consider prevention through compliance with local rules.