If your permit application in Rijswijk is refused, you will receive an official refusal decision. You have the opportunity to lodge an objection against it.
Why is a permit refused?
A permit may be refused in Rijswijk for various reasons, such as:
- The application does not meet the statutory conditions
- The proposal conflicts with the applicable zoning plan
- Specific refusal grounds apply
- Public safety or order is threatened
- The interests of other parties are disproportionately harmed
Specific refusal grounds
For certain permits, the refusal grounds are strictly laid down in law. In that case, the permit may only be refused for those reasons. For other permits, the Municipality of Rijswijk has more discretion to make its own assessment.
Partial refusal
In some cases, an application is partially approved and partially refused. This may mean, for example:
- A building permit is granted, but deviation from the zoning plan is not permitted
- The permit is granted, but subject to strict conditions
Lodging an objection in Rijswijk
In the event of a refusal, you have 6 weeks to lodge an objection with the Municipality of Rijswijk. Possible grounds for objection are:
- The applied refusal ground is incorrect
- Insufficient investigation has been carried out
- The balancing of interests has not been carried out correctly
- Similar cases have been treated unequally
Frequently asked questions about permit refusal in Rijswijk
Will I get my paid fees back if it is refused?
Generally no. Fees are charged for processing your application, regardless of the outcome.
May I submit a new application after a refusal?
Yes, you may submit a revised application that better meets the requirements.
How long does an objection procedure take?
The Municipality of Rijswijk must decide on your objection within 6 to 12 weeks. After that, you may possibly appeal to the District Court of The Hague.
Practical questions and answers
What to do if a permit is refused in Rijswijk?
In the event of a refusal, you will receive a decision from the municipality. You have 6 weeks to lodge an objection. Carefully review the reasons for the refusal and gather evidence to support your position. Submit your objection to the Municipality of Rijswijk. Consider legal assistance via, for example, the Juridisch Loket Rijswijk, especially in complex cases.
Can I appeal directly without objection?
No, normally you must first lodge an objection before you can appeal to the District Court of The Hague. This is the standard procedure. Only in exceptional cases, such as urgent matters, may an exception be made. Legal advice is then recommended.
How can I increase my chances with a new application?
Investigate why your previous application was refused. Adjust your plan to comply with the law and regulations or the zoning plan of Rijswijk. Consult with the municipality in advance to assess whether your new application has a chance. Ensure a complete and well-documented application.
What does an objection procedure cost?
Lodging an objection is often free of charge, but legal assistance from a lawyer or specialist may involve costs. For an appeal to the District Court of The Hague, you pay court fees (several hundred euros). If you are vindicated, you may possibly receive reimbursement of procedural costs.
How do I know if the refusal is justified?
Check the refusal decision and compare the grounds with the statutory requirements and the zoning plan. Request the file from the Municipality of Rijswijk. If in doubt, you can seek advice from the Juridisch Loket Rijswijk or a lawyer to determine whether objection is worthwhile.
What if I take no action after a refusal?
If you do not lodge an objection within 6 weeks, the refusal decision becomes final. You then lose the opportunity to appeal and must submit a new application or change your plans. Timely action is crucial.
Will I get a permit if a neighbour objects?
A neighbour's objection does not automatically lead to refusal. The Municipality of Rijswijk weighs all interests, including yours and your neighbour's. If the objection is well-founded, the permit may still be refused or amended. You can defend your position by responding to the objection.