Procedure for Intention to Revoke Permit in Rotterdam

Procedure for Intention to Revoke in Rotterdam

The procedure for intention to revoke is a mandatory step in which the Municipality of Rotterdam informs you as the permit holder about the possible revocation of your permit. This gives Rotterdammers the opportunity to submit an objection before a final decision is made. In the vibrant Maasstad with its many hospitality venues and construction projects, this phase prevents surprise revocations and ensures a fair administrative process.

What does the procedure in Rotterdam entail?

Under administrative law, the Municipality of Rotterdam prepares a draft intention before making a revocation decision. This is sent in writing to the permit holder and interested parties, with a response period of usually four weeks for an objection. You can then demonstrate why revocation is unnecessary, for example, by highlighting recent modifications to your business premises in Rotterdam.

This practical procedure safeguards your right to be heard. Without this phase, the municipality may not issue a revocation decision, except with your consent (Article 5:20(1) Awb). It builds on our article about revocation of a permit.

Legal basis

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

• Article 3:2 Awb: Principles of good administration, such as motivation and due care.
• Articles 4:1 to 4:11 Awb: Pre-decision procedure with opportunity to submit objections.
• Article 5:20 Awb: Revocation only with consent or in the public interest after objections.

These ensure proportionality. See the General Guidelines on Revocation of Permits from the Council of State for relevant case law.

Steps in the Rotterdam procedure

The Municipality of Rotterdam follows these steps:

1. Draft intention established: Internal decision, often triggered by violations in the city.
2. Notification: Letter with reasons, facts, and evidence; objection period (min. 1 week, standard 4 weeks).
3. Submit objection: In writing or orally; supported by evidence such as measurements from Rotterdam neighborhoods.
4. Consideration of objections: Municipality weighs arguments in the final decision.
5. Final decision: Publication and notification. Lodge an objection with the District Court of Rotterdam (Article 6:3 Awb).

Example: You run a snack bar in Rotterdam-South with an environmental permit. The Municipality of Rotterdam announces revocation due to noise complaints. With an objection and an insulation report from a local firm, you can prevent revocation or negotiate a penalty payment.

Comparison with regular application

Rights and obligations in Rotterdam

Rights:

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

Obligations: