Concrete Prospect of Legalization in Westland

Concrete Prospect of Legalization in Westland

Concrete prospect of legalization constitutes an important exception to the duty to enforce under administrative law. For residents of Westland, this means that the Municipality of Westland may refrain from enforcement if there is a realistic chance that a violation will soon be legalized. This prevents unnecessary procedures, particularly relevant in our horticultural area with many structures such as greenhouses.

Where Does Concrete Prospect of Legalization Apply in Westland?

Under Dutch administrative law, administrative authorities such as the Municipality of Westland must address violations pursuant to Article 5:31 of the Awb. Exceptions are possible, including concrete prospect of legalization under Article 5:32(2) Awb. This fits within the broader duty to enforce and protects both Westland entrepreneurs and the municipality from pointless actions. Consider, for example, a greenhouse expansion without a permit while the municipality is preparing a new zoning plan.

Legal Basis and Case Law

Article 5:32(2) Awb states: "The administrative authority may deviate from the principle of good administration if a concrete prospect of legalization exists." This is a discretionary power that must be properly motivated. The Administrative Jurisdiction Division of the Council of State (AbRS) applies criteria from cases such as ECLI:NL:RVS:2013:CA6389 and ECLI:NL:RVS:2018:2859:

• A realistic chance of legalization.
• Realizable within a reasonable timeframe (often 1-2 years).
• A clear trajectory, such as an ongoing zoning plan.
• No irreparable harm from the delay.

The Westland District Court reviews this in local appeals and requires solid motivation.

Comparison with Other Exceptions

Practical Examples from Westland

Example 1: Greenhouse Expansion. A grower in 's-Gravenzande builds a greenhouse expansion without a permit. The Municipality of Westland is processing a new zoning plan that permits it, with an 80% chance within 18 months. Enforcement is suspended (cf. AbRS 12 April 2018, ECLI:NL:RVS:2018:1201).

Example 2: Storage in Glasshouse Horticulture Area. An entrepreneur in Monster uses land for material storage without an environmental permit. The province is amending the environmental ordinance; consultation is complete. Concrete prospect leads to suspension of the administrative enforcement order.

Example 3: Negative Case. A temporary market stall in Naaldwijk is illegal. The municipality considers amending the APV, but without a concrete plan. Enforcement remains mandatory.

In Westland, timing and evidence are essential, especially for agricultural violations. File an objection with the municipality.

Rights and Obligations in Westland

For Citizens

• Right to motivation: Demand reference to Art. 5:32 Awb in decisions.
• Right to hearing and rebuttal: In objections (Art. 7:2 Awb).
• Obligation: Provide evidence, such as draft zoning plans from the Municipality of Westland.

For Administrative Authorities

1. Duty to investigate: Verify current status of legalization.
2. Authority: Weigh the public interest.
3. Motivation requirement: Cite AbRS criteria (Art. 3:46 Awb).

If dissatisfied, appeal to the Westland District Court.

Frequently Asked Questions

Tips and Recommendations for Westland

• Document everything: Keep emails about plans with the municipality.
• Seek assistance: Consult Westland Legal Aid Office for advice.
• Alternatives: Request suspension of administrative enforcement order.
• Communicate proactively: Inform the Municipality of Westland promptly about legalization trajectories.