Terug naar Encyclopedie

Decision-Making after Advice from the Objections Committee in Westland

In Westland, the municipal executive decides after advice from the objections committee, with motivation required for deviations (art. 7:14 Awb). Advice is not binding, but ignoring it increases the chance of success on appeal to the Rotterdam District Court.

2 min leestijd

Decision-Making after Advice from the Objections Committee in Westland

After the advice from the objections committee of the municipality of Westland, the municipal executive takes a decision on objection, as provided for in Article 7:14 Awb. The advice is not binding, but the municipal executive must carefully motivate any deviations, taking into account local interests such as greenhouse horticulture and spatial planning in Westland.

Obligations of the Municipal Executive in Westland

  • Motivation: In case of deviation from the advice, for example regarding permits for greenhouses in 's-Gravenzande or Naaldwijk, a detailed explanation is required.
  • Time Limit: The decision must be taken within 12 weeks after the hearing in Westland.
  • Notification: The objector in Westland receives the decision including the advice attachment by post or via the municipal portal.

Consequences of Deviation in Westland

If the municipal executive of Westland ignores the advice, the chance of a successful appeal to the administrative court in Rotterdam increases. Recent rulings by the Council of State on Westland matters, such as environmental permits, underscore the weight of these advices. Local statistics show that in approximately 75% of objection procedures in Westland the advice is followed, according to data from the municipality and the Council for the Judiciary.

This system ensures in Westland a balance between administrative autonomy and independent control, essential for legal certainty in a region with intensive horticulture and housing development projects.