Submitting a Zienswijze to the Municipality of Delft

Submitting a Zienswijze in Delft

Submitting a zienswijze to the Municipality of Delft or other administrative authorities allows Delft residents to respond in writing to a draft decision. This enables you to share your perspective before a final decision is issued, for example in the case of an administrative fine in the historic city center.

What is a zienswijze for Delft residents?

In administrative law, an administrative authority such as the Municipality of Delft or the Tax Authorities will often notify you in advance of an 'intention'. You can then submit a zienswijze: a well-reasoned letter protecting your interests and advocating for amendment or withdrawal. This assists the authority in reaching a carefully considered decision, tailored to local circumstances in Delft.

Unlike an objection (filed after the final decision), a zienswijze can prevent issues upfront and avoid proceedings at the The Hague District Court.

Legal basis

The procedure is governed by the General Administrative Law Act (Awb), particularly Article 3:2 Awb. The administrative authority must:

• Notify interested parties of the intention.
• Provide a reasonable response period (typically 2 to 6 weeks).
• Take your zienswijze into account in the final decision.

Article 3:4 Awb allows for an oral hearing, and Article 3:5 Awb requires serious consideration. If there are procedural errors, you can file an objection on those grounds.

When to submit a zienswijze in Delft?

As an interested party (Article 1:2 Awb) in response to an intention from the Municipality of Delft. Commonly in cases such as:

• Administrative fines: Draft fine from the municipality for parking in the city center.
• Environmental permits: Refusal for construction work near TU Delft.
• Tax assessments: Intention to impose additional levy.
• Subsidies: Withdrawal of local funding.

Delft example: You receive a letter from the Municipality of Delft about a €500 fine for parking in a disabled spot near the Markt. The letter provides 4 weeks to submit a zienswijze. You respond with arguments about unclear markings and attach photos from Oude Delft street.

Step-by-step guide to submitting a zienswijze in Delft

Follow these steps for an effective submission:

1. Read the letter carefully: Note the deadline, the Municipality of Delft address, and file number.
2. Meet the deadline: Send it in time via registered mail or email with read receipt.
3. Structure your letter:
   • Your contact details and case number.
   • Description of the intention.
   • Factual arguments with evidence such as local photos or witness statements.
   • Desired outcome: waiver, amendment, or suspension.
4. Attach evidence: This strengthens your case under Delft regulations.
5. Keep records: Retain a copy and proof of sending.

The Municipality of Delft will respond with a final decision. For assistance, contact the Juridisch Loket Delft for free advice.

Rights and obligations in Delft

Rights:

• Free zienswijze or oral hearing.
• Access to the case file at the municipality (Article 8:42 Awb).
• Motivation of your input in the decision.

Obligations:

• Substantiate with facts; unsubstantiated claims do not count.
• Only as a local interested party.

Zienswijze vs. objection and appeal

Practical cases from Delft

Case 1: Parking fine. Accidentally parked in a disabled spot near Phoenixstraat. Zienswijze with photos of unclear signs: fine waived by Municipality of Delft.

Case 2: Permit. Neighbors want a shed near Koornmarkt; your zienswijze with shadow studies leads to adjustments.

Case 3: Tax. Additional parking fee assessment: proof of app payment results in withdrawal.

Frequently asked questions for Delft