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Recusal and Exclusion in Objection Procedures in Delft

Recusal of objection committee members in Delft is possible in cases of bias (art. 7:17 Awb). Grounds: conflict of interest, such as in local projects, or conduct. Request suspends procedure until decision.

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Recusal and Exclusion in Objection Procedures in Delft

In objection procedures with the municipality of Delft, a member of the objection committee may be recused if bias is suspected, on the basis of Article 7:17 Awb. This safeguards the integrity of the advisory process, for example in disputes over local permits for the Delft University of Technology or historic monuments in the city centre.

Grounds for Recusal in Delft Context

  • Personal interests: Family ties with Delft business community or financial involvement in projects such as the redesign of the Markt.
  • Prior statements: Previous public opinions on controversial matters, such as objections to student housing.
  • Appearances of bias: Behaviour during hearings in the Delft city hall, where emotions can run high in spatial planning issues.

Procedure with the Delft Objection Committee

The objector must submit a recusal request to the chairperson of the Delft objection committee. If granted, the municipality appoints a replacement from a pool of independent advisors. The decision on recusal is not revocable and is binding. In exceptional cases, such as complex construction objections around the old Delft churches, this suspends the procedure until a new hearing.

Practical examples from Delft show that recusal is rare (less than 5% of local cases), but essential for confidence in municipal decision-making. This fits within the broader principles of good administration, as applied by Delft civil servants and council.