Objection Procedure for Refusals in Delft
The objection procedure for refusals allows residents of Delft to challenge an unfavorable decision by an administrative authority, such as the Municipality of Delft. For example, the refusal of an environmental permit. This step, set out in the General Administrative Law Act (Awb), gives you the opportunity to present your arguments and have the decision reconsidered for a fair outcome.
What does the objection procedure in Delft involve?
Under administrative law, as a resident of Delft, you can lodge an objection against a decision that affects you, such as a refusal of a permit by the Municipality of Delft. The relevant authority, such as the municipality, will review the decision again. This is the initial stage of legal protection, before any possible appeal to the District Court of The Hague.
The procedure ensures an impartial reassessment; the authority may not simply stick to the original decision. You qualify only as an 'interested party' under Article 1:2 Awb.
Legal basis
The objection procedure for refusals in Delft is governed by the General Administrative Law Act (Awb):
- Article 6:3 Awb: Right to object to decisions.
- Article 6:4 Awb: Exceptions, e.g., for provisional measures.
- Articles 6:7 to 6:12 Awb: Requirements for the notice of objection, including content and deadline.
- Articles 7:1 to 7:15 Awb: Handling, including the hearing.
Laws such as the Dutch Environmental Planning Act (Wabo) for construction matters in Delft refer to Awb procedures.
Deadline for filing an objection
File within six weeks of the decision being notified (Article 6:7 Awb). The start date depends on:
- Mail: dispatch date + 1 week (Article 3:41 Awb).
- Digital/in person: receipt date.
Missing the deadline renders the objection inadmissible, except in cases of proven force majeure (Article 6:11 Awb).
Example deadline in Delft
On 1 June, you receive a refusal of an environmental permit from the Municipality of Delft, dispatched on 25 May. Deadline starts 1 July; file by 12 July.
Filing an objection with the Municipality of Delft
The procedure is accessible, but follow the rules (Article 6:12 Awb):
- In writing or digitally via the Municipality of Delft's online form.
- Include: your details, the decision, reasoning, and date.
- Send to the authority, such as Municipality of Delft, Postbus 891, 2600 GW Delft.
Download the model notice of objection from the municipal website or use DigiD/eHerkenning. Support with documents, facts, or legal grounds. Contact Juridisch Loket Delft for assistance.
Outcome of the objection procedure
After filing:
- Acknowledgment: Within 1 week (Article 6:14 Awb).
- Interim relief: Request in urgent cases (Article 8:81 Awb, at the District Court of The Hague).
- Hearing: Usually mandatory (Article 7:2 Awb), with at least 4 weeks' notice.
- Decision: Maximum 12 weeks after hearing (Article 7:10 Awb), possibly extended.
Outcome: unfounded, upheld (amended/withdrawn), or inadmissible.
Rights and obligations
Rights:
- Access to the case file (Article 7:4 Awb).
- Participation in the hearing.
- Lawyer or representative, e.g., via Juridisch Loket Delft.
- Acquiescence (Article 6:20 Awb).
Obligations:
- Provide complete, honest information.
- Active participation in the hearing.
- Costs if outcome is unfavorable (no court fee in objection stage).
| Aspect | Right | Obligation |
|---|---|---|
| Documents | Access to file | Provide accurately |
| Hearing | Right to speak | Attend on time |
| Deadline | 6 weeks | Comply |
Practical cases in Delft
Case 1: Building permit refusal
Municipality of Delft refuses your extension due to parking shortage. In objection, you cite local precedents; decision reversed.
Case 2: Benefits refusal
Municipality of Delft withholds benefits due to alleged income. Bank statements in objection lead to approval.
Case 3: Driving license extension refused
CBR refuses due to medical issues. Objection with statement from Delft doctor reverses it.
Frequently asked questions
Does objection apply to every Delft decision?
No, only to decisions subject to objection (Article 6:3 Awb). Some go directly to the District Court of The Hague.
Municipality of Delft decision too late?
Claim default penalty after deadline overrun (Article 4:17 Awb), after 2 weeks' wait.
Costs for objection in Delft?
No, free. Court fee only on appeal (~€180 for individuals, 2023).
Working during procedure?
Yes, unless prohibited. Request interim relief from District Court of The Hague.
Tips for Delft residents
- Write a clear motivation with local facts and references to Delft rules.
- Consult Juridisch Loket Delft (Phoenixstraat 45) for free assistance.
- Check the Municipality of Delft website for forms and status.
- Gather evidence early, such as neighbor statements or expert opinions.
- Consider mediation for a faster resolution.