Flemish government puts an end to conflicting advice in major permit agreement
The Flemish government has reached a “solid Christmas agreement” at its final cabinet meeting of the year. Minister president Matthias Diependaele (N-VA) announced the deal shortly after 1 a.m. on Friday. Among the issues discussed were an overhaul of permit procedures and an emergency plan for social housing, with permit reform emerging as one of the key agreements.
According to the government, the current permit system in Flanders is under heavy pressure. Long procedures, legal uncertainty and endless appeals often slow down or block projects altogether. With the new Permit Action Programme, the government says it wants to make permit decisions faster, clearer and more predictable.
Earlier talks to avoid problems later
Several changes are intended to intervene earlier in the process. One of them is expanded preliminary consultations. These talks should take place before a formal application is submitted, allowing potential bottlenecks to be identified and addressed at an early stage. The aim is to improve a project’s chances of success and avoid surprises later on. A new “pause button” in the procedure should also allow a project to be adjusted without restarting the entire application process.
Social added value
Another change concerns how permits are assessed. Social added value will become an explicit criterion in the decision-making process. This means that permitting authorities will be able to weigh a project’s broader social or societal benefits against possible nuisance or spatial impact. For example, when applying for a permit to build a new school, the public value of the project can be taken into account more clearly.
No more conflicting advice
The government also wants to put an end to situations in which projects are delayed by conflicting advice from different administrative bodies. In the future, advisory bodies will have to consult with one another and issue a single, integrated, non-binding opinion. According to the government, this should prevent projects from being stuck for long periods because of contradictory recommendations within the administration.
Stricter rules on objections and appeals
At the same time, access to appeal procedures will be tightened. Objections will have to be raised during the public inquiry phase, and only those who can show a concrete, personal environmental interest will be able to appeal. The government says this is meant to prevent permits from being deliberately delayed through strategic or abusive objections.
The Flemish government is also asking the federal government to clarify Article 23 of the Constitution, which protects the right to a healthy living environment. While Flanders says it fully supports that principle, it argues that the current interpretation creates legal uncertainty and makes policy changes difficult.
According to Flemish MP Andy Pieters (N-VA), there is “a lot of good” in the plans. But he also points to a potential weakness. “Much of this reform hinges on the Constitutional Court’s ruling on Article 23. If there isn’t a sufficient federal majority for clarification, this will likely be a bit of a cakewalk. It’s important that we don’t oversell people. Everything hinges on that precondition,” Pieters told Belga.
#FlandersNewsService | © BELGA PHOTO JONAS ROOSENS
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