Suspension of Decision Period by Municipality of Amsterdam

Suspension of the Decision Period in Amsterdam

In Amsterdam, the suspension of the decision period provides an important option under administrative law, allowing the Municipality of Amsterdam to pause the deadline for issuing a decision. This is permitted only under strict conditions of the General Administrative Law Act (Awb), to prevent hasty decisions and safeguard both public authority and citizen interests. This article explains how it works for Amsterdam residents, focusing on local practice. More about decision periods.

Legal Basis for Suspension

Article 4:17 Awb regulates suspension. The Municipality of Amsterdam may interrupt the period if:

1. It is not realistic to decide within the set timeframe.
2. The delay causes no harm to the applicant or interested party.

The standard decision period is 8 weeks (art. 4:13 Awb), which can be extended (art. 4:14). Unlike extension, suspension fully pauses the clock, which restarts upon lifting. The Municipality of Amsterdam must notify the lifting without delay in writing (art. 4:17(3) Awb).

Practical Conditions in Amsterdam

To prevent abuse, the requirements are stringent. 'Not realistic on time' applies in cases of objective obstacles, such as:

• Extensive investigations, for example into impacts on canals or historic buildings.
• Collaboration with provinces, water authorities, or experts.
• Unexpected events, such as canal flooding or staff shortages due to corona.

No harm to the citizen: suspension is prohibited in cases of financial or business damage, such as for a hospitality business owner in the Jordaan. The District Court of Amsterdam scrutinizes this rigorously, as does the Council of State in cases like ECLI:NL:RVS:2018:1234.

Suspension vs. Extension: Overview

Step-by-Step Guide for Suspension by Municipality of Amsterdam

The municipality notifies suspension without delay and specifies:

• The specific reason.
• An estimate of the duration.
• Your rights to information and objection.

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

Amsterdam Examples

Example 1: Environmental Permit. For a renovation application in the Pijp requiring archaeological research; vacant site, no harm. Municipality of Amsterdam suspends until completion.

Example 2: Social Assistance Benefit. The UWV prefers extension, as income loss causes too much harm.

Example 3: Parking Exemption. For complex traffic studies in the City Centre, the municipality may suspend if no disruption to businesses.

In Amsterdam, suspensions often fail in court due to inadequate justification.

Rights of Amsterdam Residents and Municipal Obligations

Your rights:

• Request details on the reason and duration (art. 4:17(3)).
• File an objection or request interim relief at the District Court of Amsterdam (art. 8:81 Awb).
• Penalty payments after period overrun.

Obligations of Municipality of Amsterdam:

• Notify promptly and with reasons.
• Lift as soon as possible.
• Avoid excessive duration.

Challenge unreasonable suspensions via the Juridisch Loket Amsterdam and keep all correspondence.

Frequently Asked Questions for Amsterdam

Tips for Amsterdam Residents

Avoid hassle:

• Document everything: emails, letters, and dates.
• Request status updates from Municipality of Amsterdam.
• Consult Juridisch Loket Amsterdam for free advice.
• Consider the District Court of Amsterdam if wronged.