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Revocation of Permits in Delft: Sectoral Rules and Exceptions

Dive into sectoral rules for revocation of permits under the Environment and Planning Act in Delft, with exceptions such as the principle of legitimate expectations. Local practice examples around canals and city centre. (28 words)

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Revocation of Permits in Delft: Sectoral Rules and Exceptions

In Delft, special laws deviate from the Awb for revocation decisions, particularly for environmental, construction, and catering permits along the canals or in the city centre. The Environment and Planning Act (Ow) centralises this in article 5.13, with stricter requirements for hearing and balancing of interests, taking into account Delft's historical heritage and busy student population.

Specific Sectors in Delft

In the construction sector (article 5.1 Wabo/Ow), revocation applies in cases of abuse, such as illegal extensions to monumental buildings in the inner city. For environmental permits (Chapter 10 Ow), relevant for industrial activities near Technopolis, the public interest takes precedence over individual interests. Exceptions specific to Delft:

  • No revocation if a third-party interested party reasonably relied on continuation (principle of legitimate expectations), for example with long-term terrace operation on the Market
  • Statutes of limitations in sectoral laws, such as in the Delft APV for events
  • Transitional provisions upon legislative changes, fitting the recent redevelopment of the Spoorzone

Practical Tips for Delft Entrepreneurs

Always check the specific law alongside the Awb and consult the municipality of Delft for local regulations. In case of revocation due to non-compliance, such as violation of parking standards in Harnaschpolder, negotiate enforcement periods with the Environmental Service. This article highlights nuances for entrepreneurs in Delft's regulated sectors, including impact on the local economy.