Decision-Making after Advice from the Objection Committee in Amsterdam

Decision-Making after Advice from the Objection Committee in Amsterdam

After receiving the advice from the objection committee, the Amsterdam administrative body, such as the municipality of Amsterdam, takes a decision on objection, as regulated in Article 7:14 Awb. The advice is not binding, but the administrative authority must incorporate it in a motivated manner into the decision, with regard to local matters such as permits for canal houses or parking policy in the city centre.

Obligations of the Amsterdam Administrative Authority

• Motivation: Deviation from the advice requires extensive explanation, for example in controversial decisions regarding the Zuidas or the Eastern Harbour Area.
• Time Limit: Decision within 12 weeks after the hearing, with possible extension by the alderman for Administration and Finance.
• Notification: The objector receives the decision with the advice attachment via the Amsterdam Counter or post.

Consequences of Deviation in Amsterdam Practice

If the college of mayor and aldermen ignores the advice, this increases the chance of successful appeal at the administrative court, such as the Amsterdam District Court. Case law from the Council of State, applied in Amsterdam cases, emphasizes that advices carry significant weight. In 70% of cases, the Amsterdam administrative authority follows the advice, according to recent statistics from the Council for the Judiciary and local annual reports of the objection committee.

This mechanism balances the autonomy of the municipality of Amsterdam with control by independent advisors, which strengthens legal certainty in a dynamic city with many objections regarding spatial planning and enforcement.