Filing an objection against a decision does not automatically lead to suspension. The decision remains in force until it is revoked or suspended by the court.
General Rule: No Automatic Suspension
When you lodge an objection against a decision, that decision remains in effect. This means:
- A granted permit can be used
- An imposed fine must be paid
- A penalty payment order remains applicable
Reason for No Suspending Effect
The legislator has established this rule to prevent:
- Decisions from being continuously delayed by objections
- Objections being used as a means to stall for time
- Government decisions from not being able to be executed
Request for Provisional Remedy
If waiting is not an option, you can request a provisional remedy from the court:
- The court may temporarily suspend the decision
- Or provide a temporary solution
- This concerns an expedited procedure
- Court fee costs: € 50 (social affairs) or € 187 (other cases)
When to Request a Provisional Remedy?
| Circumstance | Provisional Remedy Useful? |
|---|---|
| Planned demolition of property | Yes, due to irreparable damage |
| High fine without financial means | Possibly, in case of financial problems |
| Rejection of a permit | Sometimes, in case of urgent necessity |
| Reduction of benefit | Yes, if livelihood is at risk |
Frequently Asked Questions about Objection in Westland
Am I required to pay a fine during my objection?
Yes, in most cases. However, you can request a provisional remedy or ask the administrative authority for payment extension via administrative authority.
What if construction starts while my objection is still pending?
The permit holder may continue building. Request a provisional remedy as soon as possible to stop this.
Are there costs associated with a provisional remedy?
Yes, you pay a court fee. In a favourable judgment, you can often get this back.
Contact and Support in Westland
For legal assistance, you can go to the Juridisch Loket Westland. For cases that go to court, Westland falls under the Rechtbank Den Haag.