Revocation of Permits in Tilburg: Sectoral Rules and Exceptions
In Tilburg, special laws deviate from the Awb for revocation decisions, particularly for environmental, construction, and catering permits. The Environment and Planning Act (Ow) centralises this in article 5.13, with stricter requirements for hearing and balancing of interests. The municipality of Tilburg applies this in its Environmental Law Policy Rules, taking into account local priorities such as the Spoorzone and green transition.
Specific Sectors in Tilburg
In the construction sector (article 5.1 Wabo/Ow), revocation may follow in cases of abuse, for example with illegal extensions in the Oud-Zuid neighbourhood. For environmental permits (Chapter 10 Ow), the public interest prevails, such as with industrial activities around the Havengebied. Local exceptions also apply:
- No revocation if a third-party interested party reasonably relied on continuation (principle of legitimate expectation), such as with long-term terrace permits on the Heuvelstraat
- Statutes of limitations in sector-specific acts, with Tilburg's specific enforcement policy
- Transitional provisions upon legislative changes, such as the transition to the Environment and Planning Act in 2024
Practical Tips for Tilburg Entrepreneurs
Always check the Tilburg Environment Ordinance alongside the Awb. In case of revocation due to non-compliance, such as violations in the textile sector, negotiate enforcement periods via the municipality. Consult the Loket Duurzame Stad for advice. This article highlights nuances for entrepreneurs in Tilburg's regulated sectors, including examples from recent cases at the East Brabant District Court. (248 words)