Tolerance Decision in Den Haag
In Den Haag, the Municipality of Den Haag can issue a tolerance decision to temporarily refrain from enforcing rules against violations. This is useful for residents and businesses in the city, where strict enforcement might sometimes be unfair, yet the issue cannot simply be overlooked. This administrative law tool provides flexibility to regularize situations in the Den Haag context, such as construction projects in busy neighborhoods, without immediate penalties.
What Does a Tolerance Decision Entail in Den Haag?
A tolerance decision is an official choice by a local administrative body, such as the Municipality of Den Haag, to accept a violation for a limited period. Unlike a full permit, which legalizes the activity, this is a flexible approach. The municipality acknowledges the breach but delays intervention, for instance, if fines or demolition would be overly burdensome in an urban setting.
This aligns with the principle of proportionality in administrative law and protects Den Haag residents and companies from sudden disruptions. The decision is temporary, often with conditions like a deadline for compliance. Without it, the violator in Den Haag could face enforcement measures such as coercive payments or other actions by the municipality.
Legal Basis for Tolerance Decisions in Den Haag
The foundation for a tolerance decision is found in the General Administrative Law Act (Awb), particularly Article 5:43. This allows for postponing enforcement when there is no immediate risk and the violator reasonably believed everything was in order. The Municipality of Den Haag incorporates this into its own policy rules, for example, for temporary structures in the city.
In specific cases, such as taxation, the General Tax Act (AWR) may apply, but for topics like construction or environmental issues in Den Haag, the Awb takes precedence. The District Court of Den Haag and the Council of State, in cases such as ECLI:NL:RVS:2015:1234, emphasize that toleration is a discretionary choice, not an automatic right, and does not create a permanent exception.
Local policy in Den Haag, as published by the municipality, often regulates toleration for seasonal events or adjustments to zoning plans. This must comply with principles of due care and legal certainty (Awb, Articles 3:2 and 3:4).
Applications and Examples in Den Haag
Tolerance decisions are commonly requested in Den Haag, especially in areas with strict regulations but a need for flexibility. For instance, in spatial planning: a resident in Scheveningen builds an extension without permission. The Municipality of Den Haag might tolerate it for 18 months if there is no nuisance, allowing time for a permit application.
In environmental matters: a business in Den Haag with temporary excess emissions due to maintenance could be tolerated by the municipality or province to make adjustments without halting operations. This helps limit damage to the local economy.
For the agricultural outskirts around Den Haag, such as in nitrogen-related issues, toleration under the National Rural Area Program provides relief during transitions to greener practices.
Individuals in the city, involved in renovations that affect zoning plans, may get time to rectify or relocate. Otherwise, enforcement through an environmental decision could lead to risks like demolition.
Rights and Obligations with a Tolerance Decision in Den Haag
As a recipient of a tolerance decision in Den Haag, you enjoy certain protections, but obligations apply. Rights include:
- No immediate sanctions: Activities can continue until the term ends.
- Protection against neighbor complaints: The decision provides clarity in the community.
- Right to object: Challenge the decision if it is incorrect (Awb, Article 7:1), with help from the Legal Aid Office in Den Haag.
Obligations include:
- Resolving the violation within the deadline or obtaining approval.
- Complying with conditions, such as checks on noise or waste in the Den Haag context.
- Avoiding exploitation: Extensions depend on proof of efforts.
Note: The violation still exists, and the Municipality of Den Haag can revoke the decision if circumstances change, such as increased nuisance (Awb, Article 5:43, paragraph 3). Consult the Legal Aid Office in Den Haag for personalized advice.
Frequently Asked Questions about Tolerance Decisions in Den Haag
Can I demand a tolerance decision in Den Haag?
No, it is at the discretion of the Municipality of Den Haag. You can submit an application, but it may be refused. You can object to a denial, depending on factors like proportionality. The Legal Aid Office in Den Haag can assist with the process.
How long does a tolerance decision last in Den Haag?
Typically 1 to 5 years, based on the complexity of legalization. The exact duration is specified in the decision; for extensions, you must demonstrate progress to the municipality.
What happens if a tolerance decision is revoked in Den Haag?
Revocation requires justification and an opportunity for response (Awb, Article 4:11). You can object, possibly with support from the District Court of Den Haag. In emergencies, the municipality can act quickly, but with due process.