Aanwijzing toezichthouders fysieke leefomgeving gemeente Staphorst 2026 – Designation of Supervisors
The Aanwijzing toezichthouders fysieke leefomgeving gemeente Staphorst 2026 is a formal municipal decree issued by the Mayor and the Board of Mayor and Aldermen of the Municipality of Staphorst, Netherlands. This document functions as a legal appointment of supervisors under Article 5.11 of the Algemene wet bestuursrecht (General Administrative Law Act). It identifies the specific personnel authorized to enforce compliance with environmental, housing, and public safety regulations within the municipality. The decree became effective on June 12, 2026, and supersedes previous appointment decisions.
The document defines the regulatory scope and the specific powers granted to various officials from the Afdeling fysieke leefomgeving (Physical Living Environment Department). It covers a wide range of national and local legislation, including the Omgevingswet (Environment Act), the Alcoholwet, and the Huisvestingswet 2014. Additionally, the decree extends supervisory authority to specific external bodies, such as the Province of Overijssel and Staatsbosbeheer (State Forest Management), for activities within their designated jurisdictions or impacting their property.
This structured overview details the specific job titles designated as supervisors, the legislative frameworks they monitor, and the special powers granted to them, such as the authority to enter residential dwellings under certain conditions.
Designated Supervisory Roles
Article 1 of the decree lists the specific municipal functions that are formally designated as supervisors. These roles are essential for the oversight of planning, construction, and public space management.
- Medewerker Dienstverlening A and C: Service-oriented staff involved in preliminary oversight.
- Toezichthouder APV: Supervisors specifically focused on the Algemene Plaatselijke Verordening (General Local Ordinance).
- Medewerker juridisch C: Legal specialists providing oversight on administrative compliance.
- Medewerker Beleid en Ontwerp B and C: Policy and design staff involved in monitoring spatial development.
- Medewerker Techniek B, D, and E: Technical staff focused on structural and engineering compliance.
- Unpaid Officials and External Hires: Individuals hired externally who are appointed as unpaid officials (onbezoldigd ambtenaar) within these roles.
Scope of Regulatory Oversight
Under Article 2, the designated supervisors are tasked with monitoring compliance with a specific list of national acts and local ordinances. This ensures integrated enforcement across different domains of the physical environment.
- Omgevingswet and Wabo: The primary frameworks for environmental and building permits.
- Huisvestingswet 2014 and Leegstandswet: Regulations regarding housing supply and vacant properties.
- Alcoholwet: Monitoring compliance with alcohol licensing and sales.
- Wet goed verhuurderschap and Wet betaalbare huur: Recent legislation governing landlord behavior and rental pricing.
- Winkeltijdenwet: Oversight of retail opening hours.
- Local and Provincial Ordinances: All regulations applicable specifically to the territory of Staphorst.
Supervisory Powers and Identification
The decree grants supervisors specific powers to facilitate their duties, including identification requirements and residential entry rights under the Omgevingswet.
- Identification Cards: Pursuant to Article 4 and Article 5:12 of the Algemene wet bestuursrecht, all supervisors must be issued an official identity card.
- Entry into Dwellings: Article 5 specifies that supervisors designated under the Omgevingswet may enter a dwelling without the resident's consent if it is required for compliance monitoring, as permitted by Article 18.7 of the Omgevingswet.
- Equipment: Supervisors are authorized to bring necessary equipment when entering residential properties for inspection purposes.
Frequently Asked Questions
Which authority is responsible for appointing supervisors in Staphorst?
The Mayor and the Board of Mayor and Aldermen of the Municipality of Staphorst are the issuing authorities for these appointments.
Can a supervisor enter a home without permission?
Yes, Article 5 of the decree allows supervisors to enter a home without the resident's consent for monitoring compliance with the Omgevingswet, provided they follow Article 18.7 of the Omgevingswet.
Does this decree apply to external consultants or hired staff?
Yes, Article 1(a) includes individuals from outside the municipal organization who are hired and appointed as unpaid officials in the specified roles.
What is the role of Staatsbosbeheer in this decree?
Forest rangers from Staatsbosbeheer are designated as supervisors for nature areas within Staphorst and for activities outside these areas that have a direct negative effect on those properties.
Is the Alcoholwet included in the supervisor's mandate?
Yes, supervisors can monitor the Alcoholwet if they meet the specific requirements set out in the regulations for Alcoholwet supervisors.
What happens to older supervisor appointment decisions?
Article 6 of this decree explicitly revokes all previous appointment decisions for supervisors in the physical living environment department.
