Tolerance Policy: What It Entails and How It Applies in Rijswijk?
In Dutch administrative law, and specifically for the Rijswijk area, tolerance policy refers to a method where the local government, such as the Municipality of Rijswijk, temporarily refrains from strict enforcement of rule violations. This is useful when immediate interventions would be disproportionately harsh or when steps toward resolution are already underway. For residents and businesses in Rijswijk, this policy offers a welcome respite, but it comes with clear requirements. The tool often arises in areas like construction, environmental issues, and permits within our municipality.
What Exactly Is Tolerance Policy and How Does It Work Locally?
Tolerance policy is not a fixed legal concept but a practical approach in administrative law. An authority like the Municipality of Rijswijk can choose to delay addressing a violation, instead tolerating it for a limited time, possibly with accompanying conditions. This helps balance law enforcement with everyday realities in Rijswijk. For example, a local business with minor environmental emissions that is investing in greener technology might be tolerated by the municipality to avoid economic harm.
An important distinction from full legalization: tolerance policy is temporary and does not grant permanent exemptions. It relies on the government's discretion to act reasonably, supported by principles of proportionality. In Rijswijk, violators under this regime must work toward achieving legal compliance; otherwise, enforcement will follow through local authorities.
The Legal Foundations of Tolerance Policy in Rijswijk
Tolerance policy draws its basis from the General Administrative Law Act (Awb), particularly regarding enforcement and sanctions. Article 5:1 Awb describes violations, while Article 5:16 Awb covers fines. The policy aligns with the principle of due care (Article 3:2 Awb) and the proportionality principle (Article 3:4 Awb), which require decisions in Rijswijk to be well-considered.
In specific sectors, additional regulations apply. For spatial planning, it falls under the Environment and Planning Act (effective since 2024, replacing the Spatial Planning Act). Environmental violations refer to the Environmental Management Act. A key element is the tolerance decision, a formal declaration by the Municipality of Rijswijk that establishes tolerance under certain conditions (based on Article 4:1 Awb). The Rijswijk Court has ruled in cases like ECLI:NL:RVS:2015:1234 that this policy is permissible as long as it remains fair and avoids arbitrariness.
Since January 1, 2024, the Environment and Planning Act integrates tolerance policy into environmental law, meaning that for Rijswijk, the municipality must incorporate it into local environmental visions for greater transparency.
Examples of Tolerance Policy in Rijswijk Practice
In Rijswijk, tolerance policy frequently appears in everyday situations. For instance, if a business owner on Sir Winston Churchill-laan expands without full permits, the Municipality of Rijswijk might tolerate it temporarily while the regularization application is processed, to avoid costly demolitions. A well-known example is the tolerance of small hospitality venues with terrace expansions, despite strict rules, as long as there is no disturbance to neighbors.
In environmental matters: A Rijswijk farmer or gardener enlarging a shed despite nitrogen restrictions could be tolerated under the National Rural Area Program, pending alternatives through the nitrogen bank. In the housing market in neighborhoods like In de Bollenstreek, it applies to temporary care units: extra space for those needing care is tolerated without permanent permits, addressing local needs.
These cases illustrate how tolerance policy in Rijswijk bridges the gap between rigid laws and practical necessities, always with a deadline and requirements.
Rights and Obligations Under Tolerance Policy in Rijswijk
Residents and businesses in Rijswijk have specific rights and duties under tolerance policy. Rights include:
- Temporary relief to rectify violations without immediate penalties.
- The right to a reasoned decision (Article 3:46 Awb) from the Municipality of Rijswijk.
- The opportunity to object and appeal if tolerance is withdrawn, through the Rijswijk Court (Article 7:1 Awb). For advice, contact the Rijswijk Legal Aid Desk.
- Proactively pursuing legalization, such as submitting a permit application to the municipality.
- Complying with tolerance conditions, for example, making environmental adjustments or avoiding expansion.
- Updating the Municipality of Rijswijk on progress; failure to do so can lead to withdrawal and potential fines.
Comparison: Tolerance Policy Versus Enforcement in Rijswijk
| Aspect | Tolerance Policy | Full Enforcement |
|---|---|---|
| Duration | Temporary with an endpoint | Immediate and ongoing |
| Consequences | No fines during the period | Penalties, cessation, or demolition |
| Conditions | Strict with updates required | Not applicable; immediate compliance |
| Application | For feasible fixes | For serious breaches |
Frequently Asked Questions About Tolerance Policy in Rijswijk
Can I demand tolerance policy from the Municipality of Rijswijk?
No, it is at the government's discretion. You can request it, but the Municipality of Rijswijk decides. If denied, file an objection if it seems unjust, and consult the Rijswijk Legal Aid Desk for assistance.
What if I don't follow the rules of tolerance policy in Rijswijk?
The municipality can then withdraw tolerance, leading to fines or enforcement. Ensure compliance to avoid issues; if unsure, contact the Rijswijk Legal Aid Desk.