How do I challenge an environmental planning permission?

It can happen: a building or planning project in your neighbourhood, but you disagree with what is about to take place. You may feel that the project will result in a loss of privacy, shade, noise nuisance or damage to the local environment. What can you do in that case? Raising an objection during the public consultation.

Objections during the public consultation

For larger projects, the local authority will conduct a public consultation. This public consultation normally lasts 30 days. Such a project is announced by means of a yellow notice displayed on the plot and on the local authority’s website. You can view the file at the local authority or via the online public access portal. There is usually also a QR code with a link on the notice itself.

Whilst the public consultation is ongoing ,you can lodge an objection in writing or online via the Flemish Government’s portal. On the Flemish Government’s website, you will also find a video explaining step by step how to do this.

The competent authority – which may be, for example, the local council or the provincial authority – decides whether to grant or refuse the planning permission. The authority is not obliged to refuse the planning permission simply because an objection has been lodged.

Appeal following approval

Even if the planning permission has already been granted (whether or not following a public inquiry), you can still lodge an appeal. The approval is also publicised via a yellow notice and on the online ‘Inzageloket’ portal. The appeal must then be lodged within 30 days of the notice being displayed.

Not satisfied with the decision? As a last resort, you can lodge an appeal with the Council for Planning Appeals.

Whether it is an objection or an appeal, always ensure that your objection is well-founded and based on spatial or urban planning arguments. Explain clearly why, in your view, this project is at odds with the surrounding area or the applicable regulations.

When do you need a lawyer?

A lawyer can help you draft such a notice of objection and determine which arguments are legally relevant. Even if your objection is rejected and you wish to lodge an appeal against the permit, legal advice is often advisable. As the time limits for lodging an appeal are short, it is important not to delay this for too long.