Enforcement Decisions after Revocation in Westland: Step-by-Step Plan for Violators
In Westland, the Netherlands' premier greenhouse horticulture municipality, revocation of a permit is often followed by an administrative order subject to a penalty payment due to violation of the Environment and Planning Act or local rules. Article 5:21 of the General Administrative Law Act regulates the fair play principle: a reasonable period for remedying the violation, essential in greenhouse construction or crop protection to prevent immediate sanctions.
Procedural Framework in Westland
Steps specific to Westland:
- Check the carefulness and proportionality of the municipality of Westland's decision, taking into account local APV rules for agricultural businesses.
- File an objection within six weeks with the municipal executive of Westland.
- Request deferral of payment, referring to Westland practices in similar horticultural violations.
- Consider voluntary compliance, such as adaptation of foil greenhouses, to prevent escalation to the Council of State.
Legal Remedies in Westland
Appeal to the administrative court in The Hague, with option for interim relief. In case of repeated violations, such as illegal discharge into the Westland Canal, an administrative fine is threatened (article 5:40 General Administrative Law Act). Success depends on the proportionality test, tailored to Westland's regional role in the food valley. This step-by-step plan helps entrepreneurs in 's-Gravenzande, Naaldwijk and Kwintsheul navigate enforcement after revocation. (248 words)