The Zienswijze Procedure at the Municipality of Leiden

The Zienswijze Procedure

The zienswijze procedure forms an important part of administrative law in the Netherlands, particularly for Leiden residents in decisions by the Municipality of Leiden. Interested parties can submit written comments on a proposed decision before it becomes final. This promotes greater transparency, citizen participation, and sound governance in our city.

Why is the zienswijze procedure important in Leiden?

The principle of proper administration lies at the heart of administrative law. Residents and businesses in Leiden thus have the chance to protect their interests before a decision takes effect. The procedure prevents one-sided decisions and helps the Municipality of Leiden arrive at a better reasoned outcome. It primarily applies to decisions not made on request, such as ex officio decisions on local permits.

Legal Basis

The zienswijze procedure is enshrined in the General Administrative Law Act (Awb). Relevant provisions:

• Article 3:2 Awb: General principle of proper administration, including the duty to hear parties for adverse decisions.
• Article 3:4 Awb: Duty to hear in preparing decisions, unless previously heard or no adverse effect.
• Division 3.4 Awb (arts. 3:12-3:19): Preparation of general decisions, including publication of the draft and a period for zienswijzen (art. 3:16 Awb).
• Article 4:34 Awb: For ex officio decisions, such as permit withdrawals, a similar procedure applies, including notice of intent and opportunity for a zienswijze.

These provisions make the procedure robust, and the District Court of Leiden scrutinizes compliance rigorously.

How does the zienswijze procedure work at the Municipality of Leiden?

Steps in practice:

1. Notice of intent or draft: The Municipality of Leiden publishes it via letter, municipal gazette, website, or Government Gazette.
2. Response period: Usually 4-6 weeks, explicitly stated.
3. Submitting a zienswijze: By mail, email, or digitally via the municipal portal. Include your details, case number, and arguments.
4. Assessment: The municipality considers the zienswijzen and provides reasons in the final decision (art. 3:46 Awb).
5. Final decision: Including information on lodging an objection with the municipality and appealing to the District Court of Leiden.

Example 1: Withdrawal of Building Permit in Leiden

The Municipality of Leiden seeks to withdraw a building permit due to deviations in the city center. You receive a letter with a 6-week response period. You reply with evidence of minimal deviations; the municipality makes adjustments.

Example 2: Zoning Plan in Leiden

For amendments around Leiden's city center, the draft lies open for inspection for 6 weeks. Neighbors raise concerns about parking pressure; the council adjusts or justifies rejection.

Rights and Obligations

Rights:

• Free access to the case file (art. 8:42 Awb).
• Minimum 2-week response period (art. 3:17 Awb).
• Reasons provided for rejection.
• Free advice from Juridisch Loket Leiden.

Obligations:

• Submit on time, or it will be declared inadmissible.
• Factual arguments supported by evidence.
• Only interested parties qualify (art. 1:2 Awb).

Comparison with Other Procedures

The zienswijze procedure is preventive; see the objection procedure.

Frequently Asked Questions