The government in Westland has a principle obligation to enforce: in most cases, it must act against violations. Only in exceptional situations may it deviate from this.
What does the principle obligation entail?
The principle obligation to enforce requires the administrative authority in Westland to:
- Generally take action in case of violations
- Not ignore violations without reason
- Safeguard the interest of the community
When can enforcement be omitted?
There are two situations in which the municipality of Westland does not have to enforce:
- Expectation of legalisation: the violation will soon be approved
- Exceptional situations: enforcement would have disproportionate consequences
Expectation of legalisation
This applies when:
- An application for a permit has been submitted
- The chance is high that the permit will be granted
- There are no obstacles to approval
Submitting an enforcement request
As a resident of Westland, you can request the municipality to take action:
- Send a written request to the municipality
- The municipality is obliged to respond to this
- In case of rejection, you can file an objection
Frequently asked questions about enforcement in Westland
Is the municipality of Westland obliged to enforce if I request it?
The municipality must carefully consider your request, but is not always obliged to enforce if there are valid reasons not to do so.
What does tolerance (gedogen) mean exactly?
Tolerance means that the municipality consciously refrains from enforcement in case of a violation. This is only permitted under specific conditions.
Can I force the municipality of Westland to enforce?
You can file an objection and appeal if the municipality refuses to enforce. A court can oblige the municipality to take action.
Practical questions and answers
What to do if the municipality of Westland does not enforce?
If the municipality rejects your request, you can file an objection within six weeks. Clearly explain why enforcement is necessary. If your objection is rejected, you can go to the District Court of The Hague. The Juridisch Loket Westland can support you in this.
How long does a decision on my request take?
The municipality of Westland normally has eight weeks to decide. In case of complexity, this can be extended by six weeks. If the term expires, you can request a penalty payment or file a complaint for exceeding the term.
What are examples of exceptional situations?
This could be, for example, a temporary violation without risk, or a situation in which enforcement would have unreasonable consequences, such as demolition without an alternative. The municipality must always substantiate this properly.