Inadmissible Objection in Delft
An inadmissible objection in Delft means that your complaint against a decision by the Municipality of Delft will not be considered on the merits. This occurs due to formal errors, such as late filing or submission to the wrong authority. It saves time in procedures, but Delft residents can appeal to the District Court of The Hague.
What does an inadmissible objection mean for Delft?
In general administrative law, Delft residents can file an objection against decisions by local authorities such as the Municipality of Delft or the Tax Authorities, as governed by the General Administrative Law Act (Awb). Normally, the authority examines the substance of your objection. A declaration of inadmissibility rejects it on procedural grounds without assessing the merits. This article explains it for Delft residents and links to our piece on the decision on objection.
Statutory Basis
Article 6:13 Awb sets out when the Municipality of Delft may declare an objection inadmissible:
- Not filed within the 6-week period (Article 6:7 Awb).
- The authority lacks competence.
- You previously waived the right to object.
- You are not an interested party.
- Repeated filing without new facts.
The Municipality of Delft must provide reasons (Article 7:12 Awb). The decision has full legal effect as a provisional relief decision.
Reasons for Inadmissibility
Here's an overview in table form for Delft residents:
| Reason | Statutory Provision | Example in Delft |
|---|---|---|
| Filed too late | 6:9 and 6:13 Awb | Objection against parking fine after 6 weeks. |
| Wrong authority | 6:13(1)(b) Awb | Objection filed with Municipality of Rotterdam instead of Delft. |
| Not an interested party | 6:13(1)(a) Awb | Neighbor outside Delft with no direct interest in tree removal notice. |
| Prior waiver | 6:13(1)(c) Awb | Previously waived right to object. |
| Repeated objections | 6:13(1)(d) Awb | Same subsidy complaint filed multiple times. |
The Municipality of Delft must carefully assess and not reject too hastily.
Practice in Delft
Example 1: Late parking fine. On January 1, you receive a fine from the Municipality of Delft. Deadline ends February 15; you file on February 20 without extension request. Inadmissible due to deadline overrun.
Example 2: Wrong authority. Municipality of Delft denies your dormer permit. You file objection with the Province of South Holland, which refers it back but the deadline expires.
Example 3: No direct interest. A resident from The Hague complains about your building plans in Delft without personal interest. Municipality of Delft declares it inadmissible.
In Delft, this often arises with fines, building permits, and subsidies.
Rights and Obligations in Delft
Rights:
- Appeal to District Court of The Hague within 6 weeks (Article 6:12 Awb).
- Request deadline restoration for valid reason (Article 6:11 Awb).
- Demand a hearing if it appears admissible.
Obligations:
- File on time with Municipality of Delft.
- Include your details and the decision.
- Add reasons (not required, but advisable).
Contact the Legal Aid Office Delft for free advice. The municipality will inform you about appeal options.
FAQs for Delft
Can I appeal an inadmissibility decision?
Yes, within 6 weeks at District Court of The Hague. The court reviews it and may order substantive review.
Filed late with Municipality of Delft?
Request restoration with evidence such as illness, as soon as possible.
Digital or mail for Delft?
Both fine; digital via MijnOverheid or Berichtenbox is convenient. Keep proof.
Wrongly declared inadmissible by Delft?
Appeal to District Court of The Hague; court may suspend the decision and order substantive review.
Tips for Delft Residents
Avoid issues:
- Check deadline: 6 weeks from notification, starting the next day.
- Correct address: Always Municipality of Delft; check decision or delft.nl.
- Contact Legal Aid Office Delft for help drafting.
- For urgent matters: penalty payment possible after delay.