The Zienswijze Procedure at the Municipality of Westland

The Zienswijze Procedure

The zienswijze procedure is an essential element in Dutch administrative law, particularly for residents of Westland. It enables interested parties to submit written responses to a draft decision by an administrative authority such as the Municipality of Westland before it becomes final. This promotes greater transparency, citizen participation, and good governance in our region.

Why is the Zienswijze Procedure Important in Westland?

The principle of good administration lies at the heart of administrative law. Residents and businesses in Westland, often active in greenhouse horticulture, thus have the opportunity to defend their interests before a decision affects them. The procedure prevents one-sided choices and leads to better substantiated decisions, especially in the case of ex officio decisions by the Municipality of Westland.

Legal Basis

The zienswijze procedure is laid down in the General Administrative Law Act (Awb). Relevant provisions include:

• Article 3:2 Awb: General principle of good administration, including the duty to hear in the case of adverse decisions.
• Article 3:4 Awb: Duty to hear during the preparation of decisions, except if already heard or no adverse effect.
• Division 3.4 Awb (arts. 3:12-3:19): For general decisions, the authority publishes the draft and provides a reasonable period for submissions (art. 3:16 Awb).
• Article 4:34 Awb: For ex officio decisions, such as permit revocations, a similar approach applies with an intention notice and opportunity to submit views.

These provisions make the procedure robust, and the Rechtbank Westland scrutinizes compliance rigorously.

How Does the Zienswijze Procedure Work at the Municipality of Westland?

The steps in practice:

1. Intention or Draft: The Municipality of Westland publishes the draft via letter, municipal gazette, website, or Staatscourant.
2. Response Period: Usually 4-6 weeks, explicitly stated.
3. Submission: By post, email, or digitally via the municipal portal. Include personal details, case number, and arguments.
4. Assessment: The municipality weighs the submissions and provides reasons in the final decision (art. 3:46 Awb).
5. Final Decision: Including information on objection and appeal to the Rechtbank Westland.

Example 1: Revocation of Greenhouse Permit in Westland

The Municipality of Westland intends to revoke a building permit for a greenhouse due to violations. You receive a letter with a 6-week period. You respond with evidence of minimal infringement; the municipality adjusts the decision.

Example 2: Amendment to Zoning Plan for Greenhouse Horticulture

For a new zoning plan, the draft is open for inspection for 6 weeks. Neighbors complain about transport nuisance; the council responds in the adoption decision.

Rights and Obligations

Rights:

• Free access to the case file (art. 8:42 Awb).
• Minimum 2 weeks response time (art. 3:17 Awb).
• Reasons required for rejection.

Obligations:

• Submit on time, otherwise inadmissible.
• Factual arguments with evidence.
• Only for interested parties (art. 1:2 Awb).

For assistance: Contact the Juridisch Loket Westland.

Comparison with Other Procedures

The zienswijze is preventive; see the objection procedure.

Frequently Asked Questions