Withdrawal of Permits in Rotterdam: Sectoral Rules and Exceptions
In Rotterdam, special laws deviate from the Awb for withdrawal decisions, particularly for environmental, construction, and catering permits along the Maas or in the port. The Environment and Planning Act (Ow) centralises this in article 5.13, with stricter requirements for hearings and balancing of interests, taking into account local Rotterdam regulations such as the Port Regulations.
Specific Sectors in Rotterdam
In the construction sector (article 5.1 Wabo/Ow), crucial for projects on the Wilhelminapier, withdrawal applies in cases of abuse. For environmental permits (Chapter 10 Ow) in industrial areas such as the Botlek, the public interest takes precedence over individual interests. Exceptions specific to Rotterdam:
- No withdrawal if a third-party interested party could reasonably rely on continuation, for example in long-term port concessions (principle of legitimate expectation)
- Statutes of limitations in sector-specific acts and the Rotterdam Public Spaces By-law (APV)
- Transitional provisions upon legislative changes, such as upon the introduction of the Environment and Planning Act for existing businesses in Kralingen
Practical Tips for Rotterdam Entrepreneurs
Always check the specific act alongside the Awb and consult the Rotterdam municipality website for local regulations. In case of withdrawal due to non-compliance in the port: negotiate enforcement periods with the Rotterdam-Rijnmond Environmental Service. This article highlights nuances for entrepreneurs in Rotterdam's regulated sectors such as logistics and maritime. (218 words)