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Unfortunately, due to pressures at many (lower) levels of government, it happens more and more often that an administrative body is unable to take a decision on your application within the stipulated period. As a result, you may have to wait a long time for a decision on, for instance, your permit application. What many citizens and companies do not know is that administrative bodies can also suspend the so-called decision deadlines, for instance when the applicant has to provide additional documents for the application. The question is whether an administrative body can do this of its own accord, or whether it needs the applicant's consent to do so.
The Administrative Law Division of the Council of State ruled on this in its decision of 15 January 2025. The Division ruled that et administrative body can only suspend the decision period if the applicant agrees, this has been confirmed in writing and this has happened before the decision period has expired. This follows from Article 4:15(2) opening words and (a) of the Awb.
Because the administrative body in this case had not complied with the requirements mentioned above, the condition for suspension of the decision period had not been met, so the decision period continued to run and ultimately the decision period expired without a decision being made. Under the old legislation, this meant that the environmental permit had been granted by operation of law. Under the new legislation, this possibility has lapsed, meaning that an environmental permit cannot be granted merely due to the expiry of the decision period.
So what can you do against a late decision? When the decision period expires, you can declare the administrative body in default and claim penalty payments. I discussed how this works in my previous blog, in which I also discuss the possibility of sending such a notice of default electronically.
Do you have questions about the possibility of suspending or extending that deadline or about a notice of default for failure to decide on time? If so, please contact Gerard van der Wende or with Fleur Huisman.
You can find the link to the ruling here.
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