Authority versus obligation in Westland
In administrative law, the principle of 'authorised but not obliged' to enforce applies, as confirmed in article 5:1 Awb. The Municipality of Westland, as an important horticultural centre with greenhouse complexes in places such as Naaldwijk, Monster and Kwintsheul, has discretionary authority in enforcing violations such as illegal constructions or environmental violations in glasshouse horticulture. The administrative authority must motivate decisions on the basis of proportionality and carefulness, taking into account local economic interests. Exceptions exist for peremptory norms, such as acute danger to public health or safety in densely populated glasshouse horticulture areas.
The Council of State applies the 'integral duty to motivate': the Westland administrative authority must explain why no milder intervention is taken, for example through warnings to growers, or why enforcement is omitted in the case of minor deviations in the glasshouse housing ordinance. This prevents passivity in structural violations, such as illegal expansions of greenhouses that threaten water quality in Westland.
Borderline cases in Westland
In the case of minor violations, such as temporary exceedances of crop protection standards in Poeldijk, remaining inactive may be justified, provided it is internally documented in line with the local enforcement policy. In the case of repeated non-compliance, for example illegal discharges into the Ringvaart, enforcement is mandatory. Case law (ECLI:NL:RVS:2021:567) and recent rulings on Westland greenhouses confirm that policy rules do not provide a free pass for non-enforcement.
The violator can demand enforcement via the administrative court if the Municipality of Westland enforces unlawfully or is negligent, for example by ignoring complaints about nuisance in Honselersdijk. This balance safeguards both enforcement and legal protection in the dynamic context of Westland's agricultural economy.