Local policy visions are playing an increasingly dominant role in the assessment of permit applications in Flanders. In practice, we observe that local authorities concrete stop (construction shift) often use these visions as grounds for refusing permits, rather than relying on hard zoning plans. For property investors and owners, it is crucial to know that such a refusal is often legally uncertain. When is a policy vision legally valid and when can you successfully challenge a refusal? Refusal of building permits: this article discusses the consequences of local policy visions.
What are local policy visions in environmental law?
A local policy vision is a non-binding instrument with which a municipal council attempts to guide spatial planning and future developments without a formal change of zoning. The legally correct term for this is ‘policy-desired developments’.
In real estate practice, you will encounter these entities under various names:
- Assessment frameworks
- Property type tests
- Guideline manuals
- Residential environment plans
Unlike a Spatial Implementation Plan (RUP), a policy vision has no regulatory power. It is a declaration of intent by the administration, not a law.
Read more about the impact of local policy visions on the permit decision.
Why do local authorities prefer policy visions over RUPs?
Municipalities use policy visions as a flexible and cost-effective alternative to the cumbersome RUP process. The drafting of a binding Spatial Implementation Plan requires a strict legal procedure, including public inquiries and plan environmental impact assessments.
- Time saving: A policy vision can be drawn up considerably faster than a RUP.
- Cost savings: The procedural costs are lower.
- Flexibility: Policy visions are easier to adapt to changing insights (such as the construction shift).
- Legal loophole: As a policy vision is not a regulation, it cannot be directly challenged before the Council of State.
Expert Insight: “Many local authorities strategically opt for the ‘flight into policy vision’. However, this creates legal uncertainty for developers, as the rules of the game appear to change during the game without the democratic safeguards of a RUP.”
When is a refusal based on a policy vision unlawful?
A refusal to grant an environmental permit may never be based solely on a non-binding policy vision without a concrete assessment of ‘good spatial planning’. Because these visions are not legally enshrined like a RUP, essential safeguards such as public participation and judicial oversight are often lacking.
The administration of justice, including that of the Council for Licensing Disputes, therefore applies strict cumulative conditions that a policy vision must meet in order to serve as grounds for refusal:
- Political Validation: The vision must be formally approved by the municipal council or the executive committee.
- Recognisability: The vision must be announced in advance and made available for public consultation (principle of transparency).
- Provisional Character: There must be a concrete intention to translate the vision into binding rules (RUP) within the foreseeable future. A vision that ‘lingers’ for years without being implemented loses its legal validity.
- No hidden regulation: The vision should not contain detailed regulations that actually belong in a RUP. It must remain flexible.
- Concrete Assessment: The application must always be weighed against the current situation in the immediate vicinity.
If a local authority rejects your application with reference to a ‘housing policy plan’ that does not meet the above criteria, the rejection is legally contestable.
What can you do if your environmental permit is refused?
If your permit has been refused on the basis of a local policy vision, the appropriate step is to lodge an administrative appeal with the Provincial Executive (province) or the Flemish Government.
In this procedure, we assess whether the policy vision used meets the legal requirements:
- Has political validation taken place?
- Is the vision too strict or too old?
- Has sufficient consideration been given to the environment rather than blindly following the vision?
Appeals based solely on the grounds that the refusal was based on an inadequate policy vision have a considerable chance of success. The administration is then forced to reassess the application on the basis of the applicable, binding regulations.
Do you have any questions about the refusal of your environmental permit? Please contact us as soon as possible. contact with us.
Frequently asked questions (FAQ)
Is a local policy vision legally binding for my construction project? No, a local policy vision is not binding in principle. It is a guiding document (‘policy-desired development’). A municipality may not refuse a permit solely by referring to this vision; there must always be a broader assessment of good spatial planning.
Can the local authority use the concrete ban to refuse my permit on the basis of a policy vision? The concrete ban (construction shift) is a policy objective, not an absolute law that blocks every permit. Municipalities often use policy visions to implement this, but if this vision does not meet strict conditions (such as topicality and intention to regulate), a refusal on that basis is unlawful.
What is the difference between a RUP and a policy vision? A Spatial Implementation Plan (RUP) contains binding urban development regulations and has the force of law. A policy vision is a flexible, non-binding framework without regulatory power. An RUP offers legal certainty; a policy vision is merely an intention of the administration.
Is it worthwhile to appeal against a refusal to grant a building permit based on a vision? Yes, this is often useful. Because policy visions often do not meet the criteria of case law (such as the obligation to be temporary), refusals on appeal are regularly overturned by the province or the Council for Permit Disputes.
About the author: Niels Vansimpsen is an environmental law solicitor at Confianz. He assists with permit applications throughout Flanders. He also assists clients throughout Flanders with lodging objections or appeals against permit applications that have been submitted. In addition, he provides assistance with construction and environmental offences and advises clients on the feasibility of their property projects.
