Intention to Revoke Procedure in Den Haag

Intention to Revoke Procedure in Den Haag

The intention to revoke procedure is a mandatory step in which the Municipality of Den Haag informs you as the permit holder about the possible revocation of your permit. This gives residents of Den Haag the opportunity to submit a statement of objections before a final decision. It ensures a transparent and fair process at the District Court of Den Haag and prevents unexpected revocations.

What does the procedure in Den Haag involve?

Under administrative law in Den Haag, the Municipality of Den Haag prepares a draft intention before making a revocation decision. This is sent in writing to the permit holder and relevant parties. You normally have four weeks to submit a statement of objections with counterarguments, such as recent changes or incorrect information.

This practical procedure safeguards your right to be heard. No revocation decision can follow without this phase, unless you consent (Article 5:20(1) Awb). It builds on our guide to permit revocations in Den Haag.

Legal basis

The rules are set out in the General Administrative Law Act (Awb), including:

• Article 3:2 Awb: Principles of good administration, such as motivation and care.
• Articles 4:1 to 4:11 Awb: Preparatory procedure with opportunity for statements of objections.
• Article 5:20 Awb: Revocation requires consent or public interest after statement of objections.

These guarantee proportionality and legal certainty. See the General Guidelines on Permit Revocations by the Council of State, relevant for cases at the District Court of Den Haag.

Steps in the procedure with the Municipality of Den Haag

The steps are structured as follows:

1. Draft intention established: Internal decision by the Municipality of Den Haag, e.g., due to violations in the city.
2. Notification: Letter with reasoning, facts, and file details. Statement of objections period: at least 1 week, usually 4 weeks.
3. Submit statement of objections: In writing or orally, with evidence such as measurements or statements.
4. Handling statements of objections: The municipality weighs your points and responds in the final decision.
5. Final decision: Publication and notification. Objection possible at the District Court of Den Haag (Article 6:3 Awb).

Example in Den Haag: You run a snack bar in the Zeeheldenkwartier with an environmental permit. The Municipality of Den Haag announces revocation due to repeated noise complaints. With a statement of objections and a new sound insulation report, revocation can be prevented or replaced by an administrative fine.

Comparison with regular permit application in Den Haag

Rights and obligations as permit holder in Den Haag

Your rights:

• Full reasoning for the intention.
• Access to the file (Article 3:2 Awb).
• Extension of the period for valid reasons.
• Oral explanation possible.

Your obligations: