Grounds for Revocation of a Permit in Rijswijk

Grounds for Revocation of a Permit in Rijswijk

In Rijswijk, the revocation of a permit can be decided by the Municipality of Rijswijk when a granted permit is no longer sustainable. This decision is based on legal grounds from administrative law, aimed at protecting local interests such as livability in neighborhoods like Innen and Oud-Rijswijk, while respecting the rights of permit holders. This article outlines the legal foundations, various grounds, and local examples, so residents of Rijswijk understand exactly when and why a permit can be revoked.

Legal Basis for Revocation in Rijswijk

The procedure for revoking permits falls under the General Administrative Law Act (Awb), particularly Section 5.2. Article 5:20 of the Awb lists the core reasons, such as when the permit no longer serves the public interest or if the holder violates conditions. In Rijswijk, specific rules also apply, like the Environment and Planning Act for building and environmental permits, or the Public Administration Probity in Decision-making Act (Wet Bibob) for integrity checks on local projects.

Under Article 5:21 of the Awb, the Municipality of Rijswijk must adhere to the general principles of good governance, including proportionality and due care. Revocation is only permitted if the impact on the permit holder is not disproportionate compared to the public interest in Rijswijk. The process follows Awb rules, including the right to be heard (Article 3:2 Awb), and provides options for objections and appeals to the Rijswijk District Court.

Main Grounds for Revocation in Rijswijk

These grounds are strictly defined to avoid arbitrariness and align with the local context of Rijswijk. We distinguish between general and sector-specific reasons. Here is an overview of the common grounds:

• Non-compliance with conditions: The holder ignores requirements, for example, related to local environmental standards or building regulations in Rijswijk gardens.
• Changed public interest: Circumstances evolve, such as due to new insights about the living environment near Rijswijk's Stadtpark.
• Public order and safety: The permit poses a threat to the safety or health of Rijswijk residents.
• Integrity violations: Through the Wet Bibob, in cases of suspected criminal influences on local operations.
• Fraud or misrepresentation: The application contained inaccurate information, misleading the Municipality of Rijswijk.

In sectors such as construction, environment, and hospitality in Rijswijk, these grounds are applied. Refer to the table for a comparison with local examples:

Practical Example: Revocation of a Building Permit in Rijswijk

Imagine you have an environmental permit in Rijswijk for a garden shed on your property in the Leeuwenberg neighborhood. During construction, you build it 2 meters taller than allowed, affecting your neighbors' view of the nearby Delftse Hout. The Municipality of Rijswijk could revoke it based on non-compliance (Article 5:20, paragraph 1, sub b of the Awb). First, a warning with a deadline for correction is issued; if not addressed, revocation with fines follows. This shows how revocation in Rijswijk promotes compliance.

Another Example: Environmental Permit and Changed Circumstances in Rijswijk

A local business in Rijswijk holds an environmental permit for wastewater discharge. Due to stricter EU standards, such as the Water Framework Directive, discharge into the nearby Vliet is no longer permitted. The local water authority or Municipality of Rijswijk revokes it on the grounds that it is 'no longer in the public interest' (Article 5:20, paragraph 1, sub a of the Awb). The business must switch to filtration systems. This illustrates that revocation in Rijswijk can result from broader changes, independent of the holder's conduct.

Rights and Obligations in Case of Revocation in Rijswijk

As a permit holder in Rijswijk, you have strong rights. The Municipality of Rijswijk must give you a chance to respond (right to be heard, Article 3:2 Awb). After revocation, you have six weeks to file an objection (Article 6:3 Awb), followed by an appeal to the Rijswijk District Court (Article 8:1 Awb). Implementation is often suspended during proceedings, except in cases of urgent risk (interim relief, Article 8:81 Awb). For advice, contact the Legal Aid Office in Rijswijk.

Your obligations include stopping the activity and restoring the situation after revocation; failure to do so may lead to penalties or enforcement actions (Article 5:25 Awb). The municipality must justify the decision (Article 3:46 Awb) and apply proportionality: revocation only if milder options, such as modifications (Article 5:22 Awb), are ineffective. Seek personal support from the Legal Aid Office in Rijswijk.

1. Review the revocation and seek local advice from the Municipality of Rijswijk or the Legal Aid Office.