While a fixed-term permit does not violate the principle of legal certainty, such a permit is not permitted in all cases. The college must properly justify why a temporary permit is chosen, especially if indefinite permits have been granted in the past. This is evident from a December 27, 2018 Division ruling(ECLI:NL:RVS:2018:4243). Have you obtained a fixed-term permit as business owner ? This ruling offers opportunities!
What is the case about?
In this case, the City Council of Amsterdam granted the appellant a mooring permit for thirteen canal boats on the Prins Hendrikkade in Amsterdam. The permit was initially granted until January 1, 2018. The appellant disagreed, arguing that the municipality should have granted a permit for an indefinite period. That he has now been granted a temporary permit violates legal certainty. To that end, the appellant argued that the municipality did grant indefinite permits to another shipping company in 2015.
However, the college points to the local Inland Waterways Ordinance, which states that a permit can also be granted for a fixed period of time. The reason the college chooses to do this is that after January 1, 2018, there will be work on Prince Hendrikkade, which will prevent boats from berthing here. The college therefore rejects the appellant's objection.
Subsequently, the district court also rejected appellant's appeal. The only option left to appellant is appeal.
No conflict with legal certainty
The Division does not follow the appellant's contention that the principle of legal certainty has been violated. This is because the Municipal Executive has promised that the permit will be extended if the work starts later and new permits will be issued for a new location as soon as the work has started. The appellant would then not have to pay any fees.
However, the Division did rule that the Municipal Executive did not provide sufficient reasons as to why a permit for an indefinite period was granted in this case. Indeed, the Municipal Executive did not address the appellant's assertion that another shipping company had obtained a permit for an indefinite period of time. For this reason, the Division nullified the decision to grant the permit and instructed the Municipal Executive to make a new decision, which must then be adequately reasoned.
Not just any fixed-term permit
A fixed-term berthing permit is permitted under certain conditions and is not contrary to the principle of legal certainty. In this case, however, the Municipal Executive must properly justify why it is a fixed-term permit, especially if a competitor has obtained a permit for an indefinite period. If the college fails to do so - as in this case - the permit cannot stand. So it may pay off to challenge a temporary permit.
