Is filing an objection to an environmental permit useful? This is a question we get regularly. Especially when it appears that the local government supports the project. In this article, you will find 4 reasons to file an objection.
The video below is a summary of this blog created using artificial intelligence.
Reason 1: You can suggest alternatives yourself
You will often be told that there is no other location (anymore) for the project, the project cannot be designed differently, etc. However, alternatives are always possible. At the very least, there are ways to reduce the nuisance the project has for you to an acceptable level.
For example, it is useful to file an objection to an environmental permit against the extension of a school when it is also possible to plant the building elsewhere. Or you can file an objection against a fast-food restaurant because the drive-in can be organised differently. You can also propose to change the building plans in such a way that the neighbourhood is less inconvenienced.
Reason 2: The board is obliged to respond to your objection
The municipality is obliged to respond to your objection to an environmental permit. For example, the board must state why it thinks the building fits in or there will be no nuisance. The council may also consider imposing conditions based on your notice of objection. Or to refuse the environmental permit after all. On the basis of an objection, we have already been able to obtain acceptable solutions in this way.
Please note: if you do not submit an objection to an environmental permit, the board will obviously not be able to take this into account. After all, silence is consent. If the board does not or not sufficiently respond to your objections, you can appeal.
Find more information about challenging an environmental permit here.
Reason 3: On appeal, the application will be fully reviewed again
The board does not decide on its own. In most cases, an appeal will be possible to the province or the Flemish Government. The appeal body will again fully examine the application. There is therefore a chance that they may come to a different judgement and still refuse the permit or impose conditions. In doing so, the province or Flemish Government will also take into account the objections submitted earlier.
In this case, too, filing an environmental permit objection is therefore useful. After all, if you do nothing, the appeal can obviously not take this into account either.
Reason 4: When appealing to the Licensing Disputes Board, you have a stronger case file
The Constitutional Court overturned the decree amendment where you may have lost the right to apply to the Licensing Disputes Board if you did not raise your objections in time.
However, it is still important to raise your objections as early as possible. After all, by doing so, you give the government the opportunity to impose conditions to meet your objections. Or to the applicant to change its plans. The earlier in the procedure you assert your arguments, the more likely you are to be taken into account.
It also makes your case stronger before the Licensing Disputes Board. After all, you have always put your arguments very clearly on the table from the outset. The more extensive and clear your objection, the more concrete the government will have to justify why it is not being followed. The Council for Permit Disputes keeps a strict eye on this.
Pitfalls when filing an objection?
In practice, drafting a proper objection does not turn out to be easy. For instance, you need to take into account short deadlines, procedural requirements and the need for acceptable arguments.
Here you will find more information on the pitfalls of filing an objection yourself.
Do you have questions about filing an environmental permit objection or wish to oppose a particular project? If so, please feel free to contact with our environmental law lawyer. Confianz guides and assists you and this for projects all over Flanders.
Update December 2025
