What should I mention in a notice of objection?
You should certainly give:
- Your name, address and telephone number;
- if you are objecting a decision regarding benefits, special assistance or local authority assistance (Wmo), also give your date of birth and Citizen Service Number;
- the date of your notice of objection;
- the reference number or a description of the decision you are objecting to (if you have the notification of the decision, enclose a copy of it);
- your reasons for disagreeing with the decision;
- your signature (unless you are lodging an objection digitally, with DigiD).
Stakeholders with the submitted objection (for example a permit holder) receive a standard copy of the objection
How long should I expect to wait for a decision about my objection?
You will receive a decision about your objection within 12 weeks. This period starts when the time limit for lodging an objection has expired. If your notice of objection is submitted to a Commission, the decision about your objection can take up to 18 weeks at the most.
The 12-week period includes the deferment, or extension. You will be notified about this in writing. In some situations, the decision can be further postponed, by mutual agreement.
Is the enforcement of a decision immediately suspended if I lodge an objection?
No. Someone who has been granted a permit can continue to make use of it in the meantime.
If you have lodged an objection with the municipality, you can request that the court issue what is known as a temporary provision. This is an urgency procedure in which you request that the judge suspend the effect of the decision, meaning that a permit may no longer be used, for example. The judge will determine whether there is sufficient reason to suspend the permit (for example if failing to do so would result in irreversible consequences, such as in the case of felling a tree with a felling permit). You will have to pay court fees for this provision. Send your request to: Rechtbank Oost-Brabant, Sector Bestuursrecht, Postbus 90125, 5200 MA 's-Hertogenbosch. In the meantime, the objection procedure will continue, and a decision will have to be taken about the objection.
For more information about temporary provisions, court fees and appeals, go to www.rechtspraak.nl.
Can I further clarify my objection orally?
In most cases, you will be invited for a hearing, in which you will have the opportunity to clarify your objection further.
There will be no hearing if:
- neither you, as objector, nor other parties involved, wish to attend one;
- a notice of objection is not received on time (inadmissible objection);
- no reasons have been offered for the objection (inadmissible objection);
- it is clear beforehand that the objection is either justified or unfounded.
I have been invited for a hearing. What can I expect?
The large majority of notices of objection can be dealt with in what is known as an official procedure. That means that the lawyer dealing with your objection will invite you for a hearing/interview.
During this interview, you explain once again why you disagree with the decision made by the municipality. The staff member may then ask you some questions. He or she will explain the procedure if, for example, a regulation is not entirely clear. In addition, possible solutions may be discussed.
Hearing in front of a commission
In some cases, the notice of objection will be judged by an external commission. The Municipal Executive determined in a separate decision which notices of objection are to be brought before this commission. In this procedure, the hearing will be led by 3 independent expert members of the commission and the lawyer dealing with your objection.
The hearing works as follows:
- All parties involved are given the opportunity to clarify their point of view during the hearing. As objector, you are the first to be heard. After that, a representative of the municipality will further explain their decision. Lastly, the party which had received the permit to which you are objecting, can respond.
- The commission will ask questions about any ambiguities surrounding the decision and the explanation of the objection and, if necessary, also explain the laws and legislation involved.
- All parties are given a last chance to respond.
- If the commission needs more information, that will be discussed during the hearing. In that case, the commission will also indicate how such information will be treated.
- Finally, the commission will issue a recommendation to the Executive of the municipality, which will subsequently decide. It may follow the commission's recommendation, or it may choose to deviate from it and make another decision.
- A sound recording may be made of the hearing.
I disagree with the decision on my objection. What should I do?
You can appeal against the decision. To do so, send a letter to Rechtbank Oost-Brabant, Sector Bestuursrecht, Postbus 90125, 5200 MA 's-Hertogenbosch. Explain, in this notice of appeal, why you disagree with the decision on the objection.
You will find more information at www.rijksoverheid.nl.
Can I make my application by post or at the counter?
Yes, certainly. Write a letter and send it to:
Sector Veiligheid en Bestuur
for the attention of Bezwaar, Beroep en Klachten
5600 RB Eindhoven
Hand in personally
You can also hand in the completed form personally, any weekday between 9 a.m. and 16.30 p.m. to the appropriate counter at Residents' Plaza (Stadskantoor, Stadhuisplein 10). You will be given an acknowledgement of receipt.
Benefits, special assistance or local authority assistance (Wmo)
Objections relating to benefits, special assistance or local authority assistance (Wmo) can be sent to Gemeente Eindhoven, Postbus 90151, 5600 RC Eindhoven.