Enforcement Decisions after Revocation in Delft: Step-by-Step Plan for Violators
In Delft, where the municipality strictly enforces building and environmental regulations around the historic city centre and Technopolis, an administrative enforcement order subject to penalty (last onder dwangsom) often follows the revocation of a permit. Article 5:21 of the General Administrative Law Act (Awb) governs the fair play principle with a reasonable rectification period, which prevents immediate sanctions – crucial in light of Delft's strict Public Spaces By-law (APV) and environmental permits.
Procedural Framework in Delft
Steps specifically for Delft violators:
- Check the decision for careful preparation, proportionality, and Delft policy rules such as the Enforcement Policy 2023.
- File an objection within six weeks with the Legal Affairs Department of the municipality of Delft.
- Request deferral of payment, referring to local examples from Markt or Phoenixstraat projects.
- Opt for voluntary compliance to prevent escalation to the Delft administrative court.
Legal Remedies in Delft
Appeal to the District Court of The Hague (Rotterdam location, competent for Delft), with interim relief against impositions. In case of repetition: administrative fine pursuant to Article 5:40 Awb, tested for proportionality. Recent Delft cases show success due to insufficient reasoning. This step-by-step plan navigates enforcement after revocation in the Kralingse polders and old city centre. (248 words)