In some cases in Westland you automatically receive a permit if the government does not respond within the prescribed period. This principle is called lex silencio positivo or permit by operation of law.
What does lex silencio positivo entail?
Lex silencio positivo, or 'silence means consent', means that in Westland you receive a permit if the administrative authority does not take a decision in time. The permit is then automatically granted.
When does this principle apply?
In Westland, lex silencio positivo applies to:
- Standard environmental permits for building activities
- Certain permits for events
- Other permits for which this is laid down in the law
When does this not apply?
- Environmental permits with an extended procedure
- Permits with increased risks
- Permits for environmental aspects
- If the law explicitly excludes this
What happens after the expiry of the period?
If the decision period in Westland expires without a decision:
- The permit is automatically granted
- You must request the administrative authority for confirmation
- The administrative authority officially publishes the permit
- You may only start the activity after the publication
Frequently asked questions about lex silencio positivo in Westland
How do I know if my permit has been automatically granted?
If the decision period has passed without a response, you can ask the administrative authority in Westland in writing for confirmation of the permit by operation of law.
Can an automatically granted permit be revoked?
The administrative authority cannot revoke the permit without reason, but others, such as neighbours, can object.
Can I start immediately after the expiry of the period?
No, you must wait for the official publication of the permit by the administrative authority in Westland before you may begin.
Extra questions and answers
How long is the decision period for lex silencio positivo in Westland?
The period varies per permit, but for a regular environmental permit this is often 8 weeks. Sometimes this can be extended by 6 weeks. Always check the specific rules or the acknowledgment of receipt of your application.
What if the government claims that lex silencio positivo does not apply?
Request a written explanation of why this would not apply. Check the relevant legislation and consider objection or legal advice via, for example, the Juridisch Loket Westland.
Can I object to an automatically granted permit?
Yes, third parties such as neighbours can file an objection within six weeks after publication. If the objection is well-founded, the permit can be amended or revoked.
What are the risks of starting without publication?
If you start before the permit is officially published, this can be regarded as illegal. This can lead to sanctions such as a building stop or a fine in Westland.
How do I request confirmation of a permit by operation of law?
Send a written request to the administrative authority in Westland with details about your application and the expired period. They must confirm this.
Does this also apply to online applications in Westland?
Yes, lex silencio positivo also applies to digital applications. The period starts as soon as the application is fully submitted, regardless of the method.
What if the government rejects after the period?
A rejection after the period is not valid, because the permit has already arisen automatically. Request confirmation and consider legal steps via, for example, the District Court of The Hague if this is not recognised.