Procedure for Intention to Revoke Permit in Westland

Procedure for Intention to Revoke in Westland

The procedure for intention to revoke is a mandatory step in which the Municipality of Westland, as the competent authority, informs the permit holder of the possible revocation of a permit. This allows residents and businesses in Westland to submit a statement of objections before a final decision is made. In a region like Westland, with numerous permits for greenhouse horticulture and hospitality venues, this phase ensures a transparent and fair process while avoiding surprises.

What does this procedure entail exactly?

Under administrative law, the Municipality of Westland prepares a notice of intention before making a revocation decision. This is sent in writing to the permit holder and relevant parties in Westland. You normally have four weeks to submit a statement of objections, in which you can demonstrate why revocation is unnecessary, for example, by highlighting recent modifications to your greenhouse or business operations.

This practical procedure safeguards your right to be heard. No revocation decision can follow without this phase, unless you consent (Article 5:20(1) Awb). It builds on our article about revocation of a permit in Westland.

Legal basis

The rules are set out in the General Administrative Law Act (Awb), including:

• Article 3:2 Awb: Principles of proper administration, such as motivation and due care.
• Articles 4:1 to 4:11 Awb: Pre-decision procedure with opportunity to submit objections.
• Article 5:20 Awb: Revocation requires consent or public interest, following objections.

These provisions ensure proportionality and legal certainty, which are key in Westland cases. See the Council of State's General Guideline on Revocation of Permits for relevant case law.

Step-by-step guide for Westland

The process at the Municipality of Westland proceeds as follows:

1. Internal adoption of notice of intention: Decision on revocation, e.g., due to environmental violations in greenhouses.
2. Notification: Letter stating reasons, facts, and deadlines (minimum 1 week, usually 4 weeks).
3. Submit statement of objections: In writing or orally, supported by evidence such as measurements or plans.
4. Assessment: Municipality considers your input for the final decision.
5. Final decision: Publication and notification. Objection possible to the Westland District Court (Article 6:3 Awb).

Westland example: You run a snack bar in 's-Gravenzande with an environmental permit. The Municipality of Westland announces revocation due to noise complaints. With a statement of objections and insulation report, you can prevent revocation or negotiate a penalty payment.

Comparison with standard application

Rights and obligations in Westland

Rights:

• Full explanation of the notice of intention.
• Access to the case file (Westland District Court can review this, Article 3:2 Awb).
• Extension of deadline for good cause.
• Oral explanation possible.

Obligations: