Objection Procedure against Enforcement in Westland
In the municipality of Westland, known for its greenhouse horticulture and agricultural businesses, enforcement decisions such as penalty payments for illegal greenhouse expansions or fines for environmental violations can be challenged by way of objection in accordance with Chapter 6 of the Awb. The objection period is six weeks after becoming aware of the decision by the municipality. The municipal executive board of Westland must handle the objection taking into account the hearing obligation, unless this may be omitted due to evident lack of merit.
In the objection phase, it is reviewed for legal qualification, proportionality of measures such as in cases of violations of the zoning plan, and compliance with procedural requirements. The Westland administration retains the power to amend, revoke or mitigate the decision, for example in the case of seasonal greenhouse horticulture practices.
Appeal Procedure before the Administrative Court
Following a negative objection decision, appeal may be lodged with the District Court of The Hague, Administrative Law Division (art. 8:1 Awb), which has jurisdiction for Westland. The court reviews the legality de novo, including a renewed factual assessment of the violation. In cases of urgency, such as the threatened demolition of a business premises in the Poeldijk or Naaldwijk greenhouse area, interim relief is possible (art. 8:81 Awb) to suspend the execution of the enforcement decision.
For fines in Westland, the mitigation power applies (art. 5:43 Awb), often applied to small entrepreneurs. Recent rulings in Westland cases, such as those concerning nitrogen rules and illegal depots, regularly lead to annulment due to careless reasoning or disproportionate enforcement. The municipal duty to state reasons is central in this case law.