Suspension of Decision Period by the Municipality of Tilburg

Suspension of the Decision Period in Tilburg

In Tilburg, the Municipality of Tilburg or other administrative authorities can temporarily pause the decision period under administrative law rules. This is laid down in the General Administrative Law Act (Awb) and prevents hasty decisions on matters such as environmental permits or benefits. It safeguards the interests of both the municipality and Tilburg residents. Explore the local application, conditions, and tips. More about decision periods.

Legal Basis for Suspension

Article 4:17 Awb governs suspension: the period stops only if two requirements are met:

1. It is reasonably impossible to decide on time.
2. The delay does not harm the applicant or interested party.

The standard decision period is 8 weeks (art. 4:13 Awb), extendable by a maximum of 6 weeks (art. 4:14). Unlike extension, suspension fully pauses the clock, which restarts upon lifting. The Municipality of Tilburg must notify the lifting without delay in writing (art. 4:17(3) Awb).

Application of Conditions in Tilburg Practice

To prevent abuse, the requirements are strict. "Not on time" applies in cases of objective hindrance, such as:

• Extensive research, for example on environmental impacts in Tilburg city center.
• Collaboration with the Province of Noord-Brabant or experts.
• Unexpected events, such as flooding in the municipality.

No harm to the citizen is crucial. In cases of financial or business delay, such as for a Tilburg company, it is not allowed. The Council of State scrutinizes this closely, as does the District Court of Zeeland-West-Brabant in Breda; see case ECLI:NL:RVS:2018:1234 where suspension was ruled invalid.

Suspension versus Extension: Overview

Step-by-Step Guide to Suspension by the Municipality of Tilburg

The municipality notifies suspension without delay, including:

• Motivation.
• Estimated duration.
• Your right to updates and objection.

Upon lifting, the full period (often 8 weeks) resumes. Late lifting risks deemed approval (art. 4:17(2)) or penalty payment (art. 4:16 Awb).

Examples from Tilburg Context

Example 1: Environmental Permit. For a building application in the Tilburg Spoorzone, archaeological research takes time. Without harm (plot vacant), the Municipality of Tilburg suspends until completion.

Example 2: Local Benefit. For a social assistance benefit, the municipality extends the period, as suspension would harm your income.

Example 3: Provincial Environmental Case. For complex checks with the province, suspension applies if there is no urgency for the Tilburg resident.

In Tilburg, suspension often fails in court due to poor substantiation.

Rights of Tilburg Residents and Municipal Obligations

Your options:

• Request information on reasons and duration (art. 4:17(3)).
• Objection or interim relief at the District Court of Zeeland-West-Brabant (Breda) (Awb art. 8:81).
• Penalty payment after period overrun.

Municipal duties:

• Inform promptly and with motivation.
• Resume as early as possible.
• Avoid excessive duration.

Contact the Tilburg Legal Aid Office for free advice and case preparation.

Frequently Asked Questions for Tilburg

Tips for Tilburg Applicants

Avoid hassle:

• Document everything: letters, emails with the municipality.
• Request status updates from the Municipality of Tilburg.
• Contact the Tilburg Legal Aid Office if in doubt.
• Be aware of local rules in the Tilburg Environmental Vision.