Objection and appeal

Do you disagree with a decision made by the municipality? Then you can file an objection. Have you done so and do you disagree with the decision on your objection? Then you can appeal to the court.

What is it?

If you disagree with a decision made by the municipality, you can object within 6 weeks.

How does it work?

  • The decision will tell you whether you can object. You can only object if you are an interested party. The decision will also tell you the address to which you must send your objection.
  • You object by sending a notice of objection to the municipality. In your objection, put the following information:
    • your name and address;
    • the date of your objection;
    • What decision is involved;
    • Why you disagree with the decision (justification);
    • your signature.
  • Your appeal must reach the municipality within 6 weeks. This period begins on the day after the date the decision was sent to you.
  • Your objection must be in on time and contain the above information. If the objection is filed late or if information is missing, you will be given the opportunity to correct the deficiency. If you do not have a valid reason for the late submission of the objection or if the deficiency is not corrected, your objection will be declared inadmissible.

Procedure

Once the objection is received, you will receive a letter. This is the confirmation of receipt. It also describes the rest of the procedure. How your objection is handled depends on the decision with which you disagree. In most cases, you will be contacted by telephone. A number of objections are submitted to an Objections Committee.

Objections Committee

  • The Appeals Committee consists of independent members. Currently there are two chairs and three members:
    • Ms. mr. E.M.T.A. Göertz, chairman (general) / member
    • Ms. A.M. Siebenheller-Diependaal, member
    • Mr. C.J.A.G. Bronzwaer, member
    • Mr. R.M.M. Engelen, member
  • If the Appeals Committee is called in, you will receive an invitation to a hearing from it. These hearings are held twice a month on Thursday evenings.
  • You can explain your objection orally during the hearing. The Objections Committee may also ask questions. A representative will be present on behalf of the administrative body that made the decision. It is also possible that third parties are present during the hearing. A report is made of the hearing. After the hearing, the Appeals Committee will advise the administrative body about your objection.
  • After advice has been given, the administrative body will make a decision on your objection. The recommendation will be sent along with the decision. The administrative body may deviate from the recommendation.
  • If the appeal is submitted to the Objections Committee, the governing body has 12 weeks to make a decision on your appeal. In all other cases, the administrative body has six weeks. That time begins to run the day after you were last able to file an objection. If we do not succeed in dealing with your objection in time, we have up to six more weeks. If we use that time, you will receive a letter about it.

Too late?

When our time to decide is up, you can send us a letter. This is called a notice of default. We then have two more weeks to send you our decision on your objection. If we don't do this in time, we will have to pay you a penalty. You can find more information about penalty payments at rijksoverheid.nl.

Provisional provision

The decision also applies during the objection procedure. To avoid this, you can request a preliminary injunction from the administrative judge. You can file such a request only if you have also filed an objection. You must enclose a copy of the objection. Such a request must be addressed to the Interim Injunction Judge of the Limburg District Court, Postbus 950, 6040 AZ Roermond. There are costs associated with this. For further information about the Requirements, visit www.rechtspraak.nl.

Submit appeal

Have you objected to a decision made by the municipality? And were you not vindicated? Or do you not agree with the decision taken on your objection? Then you can appeal this decision to the Limburg District Court. This must usually be done within 6 weeks.

File notice of appeal through jurisprudence.com

Additional information

If you would like more information about this procedure, please contact the secretary of the Objections Committee (Mr. M. Boezelman) by phone (0475) 85 90 00.

Objections Committee