Procedure for Intention to Revoke Permit in Delft

Procedure for Notice of Intention to Revoke in Delft

The notice of intention to revoke procedure is a mandatory step in which the Municipality of Delft informs you as the permit holder in the Delft area about the possible revocation of your permit. This gives residents and businesses in Delft the opportunity to submit an objection before a final decision is made. This phase ensures a transparent administrative process and prevents unexpected revocations, in line with the strict rules in the historic city center and around TU Delft.

What does this procedure entail exactly?

Under administrative law, the Municipality of Delft prepares a notice of intention before making a revocation decision. This document is sent by post or digitally to the permit holder and interested parties in Delft. You normally have four weeks to submit an objection, in which you can demonstrate that circumstances have improved or that the facts are incorrect, such as in cases of building violations near the Markt.

This practical procedure safeguards your right to be heard. Without this step, the Municipality of Delft cannot issue a revocation decision, unless you consent (Article 5:20(1) Awb). It builds on our article about permit revocations in Delft.

Legal basis

The rules are set out in the General Administrative Law Act (Awb), including:

• Article 3:2 Awb: Principles of proper administration, such as motivation and due care.
• Articles 4:1 to 4:11 Awb: Pre-decision procedure with opportunity to object.
• Article 5:20 Awb: Revocation requires consent or public interest after objection.

These standards protect proportionality and legal certainty for Delft residents. See the General Guidelines on Permit Revocations from the Council of State for relevant rulings.

Step-by-step process in Delft

The process follows fixed phases:

1. Internal decision on notice of intention: Municipality of Delft decides on revocation, e.g., for environmental violations in the city center.
2. Notification: Written letter with reasons, evidence, and objection period (at least 1 week, usually 4 weeks).
3. Submit objection: Provide a written or oral response, supported by evidence such as measurements or photos of adjustments.
4. Assessment: Municipality of Delft reviews your points and responds in the final decision.
5. Final decision: Published and sent to you. Lodge an objection with the Municipality of Delft (Article 6:3 Awb), followed by appeal to the District Court of The Hague.

Example in Delft: You run a café on Oude Delft with an environmental permit. The Municipality of Delft announces revocation due to repeated noise complaints. With an objection and a new noise report on insulation, you can prevent revocation or negotiate a penalty reduction.

Comparison with standard application in Delft

Rights and obligations for Delft residents

Rights:

• Full explanation of the notice of intention.
• Access to the case file (Article 3:2 Awb).
• Extension of deadline for valid reasons.
• Option for oral explanation.

Obligations: