Decision-Making after Advice from the Objection Committee in Delft
After receiving the advice from the objection committee of the Municipality of Delft, the board of mayor and aldermen takes a decision on objection, as provided for in Article 7:14 Awb. The advice is not binding, but the board must motivate its incorporation into the decision, particularly in local matters such as permits for Delft University of Technology or construction in the historic city centre.
Obligations of the Board of Mayor and Aldermen
- Motivation: Deviation from the advice requires extensive explanation, for example in objections against parking permits around the city centre.
- Time Limit: Decision within 12 weeks after the hearing in Delft City Hall.
- Notification: The objector receives the decision with the advice attachment via Delft post or the digital portal.
Consequences of Deviation in Delft Practice
If the board ignores the advice, this increases the chance of successful appeal to the administrative court, such as the District Court of The Hague. Case law of the Council of State emphasizes that advices carry significant weight. In Delft, the administration follows the advice in approximately 75% of cases, according to recent figures from the municipality and the Council for the Judiciary, partly due to the focus on citizen participation in neighbourhoods such as the Binnenwaterspui.
This mechanism balances the autonomy of the Delft administration with control by independent advisors, which strengthens legal certainty for residents and businesses in this innovative city.