The Zienswijze Procedure in Zoetermeer

The Zienswijze Procedure in Zoetermeer

The zienswijze procedure is an important element of administrative law in the Netherlands, particularly for residents of Zoetermeer. It allows interested parties to respond in writing to a proposed decision by a local administrative authority such as the Municipality of Zoetermeer, before the decision becomes final. This process promotes transparency, citizen participation, and good governance in our city.

Why is the zienswijze procedure relevant for Zoetermeer?

The principle of good administration is at the heart of administrative law. Residents and businesses in Zoetermeer must be able to protect their interests before a decision affects them. The zienswijze procedure prevents one-sided choices and helps authorities such as the Municipality of Zoetermeer reach a better-reasoned decision. This is especially true for ex officio decisions, such as permits or plans.

Legal basis of the zienswijze procedure

The procedure is laid down in the General Administrative Law Act (Awb). Relevant provisions include:

• Article 3:2 Awb: General principle of good administration, including the duty to hear for adverse decisions.
• Article 3:4 Awb: Duty to hear in the preparation of decisions, except where parties have already been heard or there is no adverse effect.
• Division 3.4 Awb (arts. 3:12-3:19): Preparation of general decisions, including publication of the draft and a period for submissions (art. 3:16 Awb).
• Article 4:34 Awb: For ex officio decisions, such as permit revocations, a similar approach applies with a statement of intent and opportunity to submit views.

These provisions make the procedure robust, with strict oversight by the District Court of Zoetermeer.

How does the zienswijze procedure work at the Municipality of Zoetermeer?

Steps in practice:

1. Statement of intent or draft: The Municipality of Zoetermeer publishes the proposal via letter, the Zoetermeer municipal gazette, website, or Staatscourant.
2. Response period: Usually 4-6 weeks, explicitly stated.
3. Submitting a zienswijze: By post, email, or digitally via the Municipality of Zoetermeer's portal. Include personal details, case number, and arguments.
4. Assessment: The municipality weighs the submissions and provides reasons in the final decision (art. 3:46 Awb).
5. Final decision: Including information on objection to the municipality and appeal to the District Court of Zoetermeer.

Example 1: Revocation of building permit in Zoetermeer

The Municipality of Zoetermeer considers revoking your building permit due to deviations. You receive a letter with a 6-week period. You respond with evidence of minimal deviation; the municipality may adjust accordingly.

Example 2: Zoning plan in Zoetermeer

For a zoning plan amendment, the draft is open for inspection for 6 weeks. Neighbors complain about parking pressure; the council responds in the adoption decision.

Rights and obligations

Rights:

• Free file inspection on request (art. 8:42 Awb) at the Municipality of Zoetermeer.
• Minimum 2-week response period (art. 3:17 Awb).
• Reasoning required for rejection.

Obligations:

• Submit on time; late submissions are inadmissible.
• Factual arguments with evidence.
• Only for interested parties (art. 1:2 Awb).

Comparison with other procedures

The zienswijze procedure is preventive; see the objection procedure. At Het Juridisch Loket Zoetermeer, you can get free advice.

Frequently asked questions