Procedure for Intention to Revoke Permit in Utrecht

Procedure for Intention to Revoke in Utrecht

The procedure for intention to revoke is a mandatory step in which the Municipality of Utrecht or another administrative authority informs the permit holder of the plan to revoke a permit. As a resident or business owner in Utrecht, this gives you the opportunity to submit your statement of objections before a final decision is issued. This ensures a transparent process and prevents unexpected revocations, in line with the rules in the Utrecht region.

What does the procedure in Utrecht involve?

Under Utrecht administrative law, an administrative authority, such as the Municipality of Utrecht, first prepares a notice of intention when preparing a revocation decision. This is communicated in writing to the permit holder and interested parties. You will receive a reasonable response period, usually four weeks, to elaborate on your statement of objections with arguments such as changed circumstances or incorrect information.

This practical approach protects your right to be heard. No revocation decision may be taken without this phase, unless with your consent (Article 5:20(1) Awb). This builds on our article about revocation of a permit.

Legal basis

The regulation falls under the General Administrative Law Act (Awb), specifically:

• Article 3:2 Awb: Principles of proper administration, such as motivation and care.
• Articles 4:1 to 4:11 Awb: Rules for the preliminary procedure, including statements of objections.
• Article 5:20 Awb: For revocations; only possible with consent or public interest after statement of objections.

These rules ensure proportionality and legal certainty in Utrecht. See the General Guidelines on Revocation of Permits from the Council of State for relevant case law from the District Court of Utrecht.

Steps in the procedure in Utrecht

The process with the Municipality of Utrecht proceeds as follows:

1. Establishment of intention: Internal decision on revocation, for example due to environmental violations in Utrecht.
2. Notification: Written notice with reasoning, facts, and file details. Statement of objections period: at least 1 week, often 4 weeks.
3. Submitting statement of objections: Respond in writing or orally with evidence, such as measurements or statements.
4. Handling statements of objections: The Municipality of Utrecht assesses your points and responds in the final decision.
5. Final decision: Publication and sending. Lodge an objection with the Municipality of Utrecht (Article 6:3 Awb), with appeal to the District Court of Utrecht.

Example in Utrecht: You run a snack bar in Kanaleneiland with an environmental permit. The Municipality of Utrecht announces revocation due to noise complaints. With a statement of objections and insulation report, you demonstrate improvements, leading the municipality to drop the revocation or impose an administrative fine.

Comparison with regular permit application

Rights and obligations in Utrecht

Your rights:

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

Your obligations: