If your permit application in Utrecht is refused, you will receive an official refusal decision. You can lodge an objection against this decision.
When is a permit refused in Utrecht?
A permit may be refused in Utrecht for various reasons, such as:
- The application does not meet the statutory requirements
- The proposal does not fit within Utrecht's zoning plan
- Specific refusal grounds apply
- Public safety or order is threatened
- The interests of others are disproportionately harmed
Specific refusal grounds
For certain permits, the refusal grounds are strictly laid down in law. In that case, the permit may only be refused on those grounds. For other applications, the municipality of Utrecht has more discretion to assess itself.
Partially refused, partially granted
In some situations, an application in Utrecht is partially approved and partially refused. Examples of this are:
- A building permit is granted, but deviation from the zoning plan is not permitted
- The permit is granted subject to strict conditions
Lodging an objection in Utrecht
Within 6 weeks after the refusal decision, you can lodge an objection with the municipality of Utrecht. Possible grounds for objection are:
- The cited refusal ground is incorrect
- The municipality's investigation was insufficient
- Interests were not properly balanced against each other
- Similar cases have been treated differently
Frequently asked questions about permit refusal in Utrecht
Are fees refunded upon refusal in Utrecht?
Generally not. Fees are costs for processing the application, not for the outcome thereof.
Can I submit a new application after a refusal?
Yes, you can submit a revised application that better meets the requirements of the municipality of Utrecht.
What is the duration of an objection procedure in Utrecht?
The municipality of Utrecht must decide on your objection within 6 to 12 weeks. After that, you can possibly appeal to the court.
Practical information for Utrecht
For legal support, you can go to the Juridisch Loket Utrecht, located at Catharijnesingel 55. If you wish to appeal, you can submit your case to the Rechtbank Midden-Nederland, located at Vrouwe Justitiaplein 1.
What to do in case of a refusal?
If your permit is refused, you will receive a decision from the municipality of Utrecht. You have 6 weeks to lodge an objection. Check the reasons for the refusal and gather evidence to substantiate your position. Submit your notice of objection to the municipality and consider legal advice, especially in complex cases.
Can I appeal directly without objection?
No, in most cases you must first lodge an objection with the municipality of Utrecht before you can appeal to the court. This is the standard procedure. Only in exceptional cases, such as urgent matters, can a deviation be made. Legal advice is then often necessary.