Help with Administrative Appeals | Legal Aid Clinic

Questioner

Ir/Madam, Together with neighbours I appealed to a Court (administrative law), because the municipality in which we live granted a permit to renovate a 1950s pavilion, which means we lose sea view and light, the architecture of the pavilion is spoiled and there has been no form of participation. Our appeal was signed by 44 residents; the appeals committee ruled admissible and well-founded; the municipality accepted this but upheld the permit. Do we even have a chance in an administrative appeal procedure? We don't have a lawyer, because as citizens we want to be heard and protected against an unreasonable government. If there are opportunities, do you know of any ways to increase our chances?

Lawyer

the arguments back and forth both in objection and appeal are not known to me. therefore an advice is not possible. You state that you do not have a lawyer because as citizens you want to be heard and protected against an unreasonable government. I do not understand this argument. If you hire a lawyer or a legal expert, this person will assist you and represent your interests. I advise you to take legal assistance because litigation and legal argumentation is a profession. Unfortunately, I cannot advise you in general terms because I do not know all the facts and circumstances.

Lawyer

In addition to the above. If the objections committee has declared your objections admissible and well-founded, but the mayor and aldermen do not follow this advice, the mayor and aldermen must further motivate why the advice is not followed. The court will therefore have to deal with this aspect with particular attention. It is certainly advisable to have an administrative law lawyer or attorney assist you in the appeal procedure. Together with you, they can analyze the strong and weak points of your case and help or assist you in the (preparation of the) oral hearing and the drafting / development of the grounds for appeal.

Lawyer

If I understand correctly, you have already appealed to the court. What are you asking us now?

Lawyer

You can ask to annul the decision. The municipality must weigh the interests in a decision (participation). If a decision is not taken carefully, you increase the chance. If you wish, you can contact us without any obligation.