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Environmental permit

This is a print of a page on Rechtspraak.nl. Look for the most up-to-date information on Rechtspraak.nl (http://www.rechtspraak.nl). This page is printed on 01-01-1970.

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Has an administrative body (government organisation) granted or rejected an environmental permit and dismissed your objection to that decision? Or has an environmental permit been granted, and do you think that the administrative body did not consider your objection to the draft permit carefully enough? After the administrative body makes its decision, you have 6 weeks to appeal that decision to the court.

The environmental permit appeal procedure is a procedure in administrative law. You do not have to have a lawyer.

Online appeal procedure (Dutch)

Environmental permit

What is an environmental permit?

An environmental permit is the official permission that a government organisation, such as the Municipal Executive of a municipality (gemeente), gives for specific activities. Without a permit, the activities cannot go ahead. For example: installing a conservatory or a dormer window, renovating a house, installing solar panels or demolishing a building. You may also need an environmental permit to cut down a tree, to lay an exit road or to start a business activity that might be bad for the environment.

You do not need a permit for some construction or demolition activities. You can do a permit check with the Service Counter for Environmental and Planning Permits (Omgevingsloket) to find out if you need an environmental permit. You can also apply for a permit there.

 

 

Where can you find environmental permit applications and decisions?

You can read the applications for environmental permits (overheid.nl, in Dutch) and government organisations’ decisions about them.

 

 

When can you appeal against a decision?

When you appeal against a decision, you ask the judge to review a decision that a government organisation has made. You can appeal in the following situations:

  • you are the ‘applicant’ (aanvrager), the person applying for an environmental permit. The government organisation has rejected your application. You have objected to that decision, or you have sent a letter (zienswijze) to the government organisation to say what you think about the intention to grant or reject the environmental permit. Your objection has been completely or partly rejected, or you think that the organisation did not consider your letter carefully enough.
  • the organisation has granted an environmental permit to someone else, you objected to that permit, and your objection was completely or partly rejected. You may also have sent a letter (zienswijze) to say what you think about the intention to grant or reject an environmental permit, and you think that the organisation did not consider your letter carefully enough.

Whether you can appeal against an existing decision or submit a zienswijze letter depends on the procedure that the government organisation had to follow.

 

 

How much time do you have to submit an appeal?

After a government organisation makes its decision, you have 6 weeks to appeal that decision to the court. You must follow the appeal procedure for environmental permits.

Do you have to have a lawyer?

The environmental permit appeal is a procedure in administrative law. You do not have to have a lawyer or an authorised representative.

What if you cannot wait for the judge’s decision

Construction or demolition can start as soon as an environmental permit is granted, even if you still want to appeal against the decision. If you do not want this to happen, or if you cannot wait for the appeal judge’s decision because of a serious financial emergency or because there is a danger that your business will have to close, you can ask the judge to make a temporary decision. If you want to do this, you need to ask for a ‘provisional ruling (in Dutch)’.

 


Relevant topics (all in Dutch)

Legal advice

Do you want personal advice about your situation, help with writing documents or help obtaining legal assistance at the hearing? You do not have to have a lawyer for this procedure, but you can get a lawyer or another legal adviser if you want to.

Contact the Rechtspraak Service Centre

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