In Westland, the government may choose not to enforce violations through tolerance policy or a specific tolerance decision.
What does tolerance mean?
Tolerance means that the government is aware of a violation but consciously takes no action. This occurs exclusively under exceptional circumstances.
When is tolerance permitted?
In Westland, tolerance may only take place if:
- There is a clear prospect of legalization
- Enforcement would have disproportionate consequences
- There is a temporary situation
- The public interest is not at stake
What is a tolerance decision?
A tolerance decision is an official decision in which the government states that it will temporarily refrain from enforcement. Characteristics are:
- The decision is in writing and substantiated
- Often temporary and with specific conditions
- Can be revoked at any time
- Third parties may lodge an objection against it
What is tolerance policy?
Tolerance policy concerns general guidelines from the government regarding situations in which no enforcement takes place. Examples in Westland may include:
- Regulations for coffee shops
- Policy regarding minor building deviations
Risks of tolerance
| For the violator | For others |
|---|---|
| No guarantee, tolerance can end | Possibility to demand enforcement |
| Damage is at own expense | Lodge an objection against a tolerance decision |
| No right to compensation upon termination | Initiate a legal procedure |
Frequently asked questions about tolerance in Westland
Am I entitled to tolerance?
No, tolerance is not a right. The government in Westland can decide to enforce at any time.
What if a neighbor objects to my tolerated situation?
The neighbor can submit a request for enforcement to the Westland municipality. The government will then reassess whether tolerance is still appropriate.
Can tolerance be stopped suddenly?
Yes, tolerance can be terminated. You will generally be given a reasonable period to adjust the situation.
How do I apply for a tolerance decision in Westland?
An application for a tolerance decision must usually be submitted in writing to the Westland municipality. Explain why tolerance is reasonable in your case, for example due to impending legalization or disproportionate impact of enforcement. Attach relevant documents, such as plans or contracts. The municipality will assess whether tolerance is possible. Contact the municipality for specific guidelines, as there is no fixed procedure.
What are the criteria for a tolerance decision?
A tolerance decision is only issued in Westland in exceptional situations, such as a transitional period, prospect of legalization, or unreasonable consequences of enforcement. The decision is in writing, often temporary, and with conditions. The municipality may revoke it in the event of changed circumstances or harm to the public interest. Tolerance is not a right, but a discretionary choice of the government.
Can I object to a tolerance decision?
As the recipient of the decision, you cannot object, but third parties (such as neighbors) in Westland can if their interests are harmed. They can also demand enforcement. If the decision is revoked and you suffer damage, you may be able to object.
What if the municipality stops tolerating?
If the Westland municipality decides to stop tolerating, you must adjust the situation within a reasonable period to avoid sanctions. You have no right to compensation for costs incurred. Prepare an alternative plan, as tolerance provides no certainty. In case of immediate danger or serious nuisance, the municipality may enforce immediately.
What is the difference between tolerance policy and a tolerance decision?
Tolerance policy is a general guideline from the government regarding situations in which no enforcement takes place, such as for coffee shops or minor building deviations in Westland. A tolerance decision is an individual decision for a specific case, such as a temporary deviation. Policy provides more clarity, while a decision is tailored and can be revoked.
Can the municipality always enforce after tolerance?
Yes, the Westland municipality can decide to enforce at any time, even after a period of tolerance. This can occur due to new circumstances, such as complaints from neighbors or policy changes. You have no right to continuation of tolerance.