Composition and Independence of the Objection Committee in Delft
The objection committee of the municipality of Delft must meet strict requirements for independence, as laid down in Article 7:13(2) Awb. In Delft, the committee consists of a chairperson and two members, whereby the chairperson may not have any ties with the college of mayor and aldermen. Members are appointed for a period of four years to ensure continuity, fitting the local administrative structure.
Requirements for Members in Delft
- Independence: No employment with the municipality of Delft or conflicts of interest, for example with local projects such as TU Delft or the historic city centre.
- Expertise: Legal knowledge of administrative law and affinity with Delft themes such as spatial planning and student housing.
- Neutrality: Obligation to objective assessment without prejudice regarding local matters.
Appointment Procedure in Delft
In Delft, the appointment takes place through a public procedure by the college of mayor and aldermen, with publication in the Municipal Gazette. Members may not simultaneously be involved in other municipal advisory functions, such as the council committees. In case of suspicion of bias, a member may be challenged, in accordance with Article 7:17 Awb. This structure ensures a fair advisory process, for example in objections regarding parking permits or construction plans around the station.
The municipality of Delft checks independence annually through an internal audit. Violations may lead to the nullity of advice, as previously occurred in a case concerning monuments policy. This system enhances transparency and trust in Delft's administrative law proceedings.