Challenging an environmental permit before the Council for Permit Disputes (RvVb) is subject to strict admissibility conditions. For example, you will have to demonstrate that you have a legitimate interest. You will also have to specify exactly which legal norms you consider to have been violated and why. When submitting your petition, you must also present all your legal arguments immediately. It is not permitted to raise other arguments later in the proceedings before the Council.
As a property investor or owner, it is crucial to understand that the “wait and see” approach no longer works. Anyone who fails to raise the alarm during the administrative appeal phase will, in many cases, lose the right to take legal action at a later stage. Failure to raise arguments in a timely manner during the public inquiry may also weaken your case.
Find more information on how to file an objection here.
Why these strict rules?
These strict rules serve a dual purpose: process economics and legal certainty.
- Speed: Proceedings before the Council for Permit Disputes must be conducted expeditiously.
- Filtering: Reduce the number of procedures that serve only to delay projects without any fundamental legal basis.
Expert Insight: “An investor who only takes action at the Council is often too late. The battle is fought during the public inquiry and the administrative appeal procedure. The Council will assess the case on the basis of the arguments raised in the objection and appeal procedure.”
The 3 Barriers to Challenging an Environmental Permit
In order to successfully revoke an environmental permit, the court will assess your request against three strict criteria. If you do not meet one of these criteria, your appeal will likely be rejected.
1. The Principle of Damage: No Harm = No Case
You cannot invoke illegality if you yourself do not suffer any disadvantage as a result.
- Example: You claim that the permit was not correctly displayed (published). However, you did submit an objection in good time.
- Consequence: The judge will rule that you were still aware of the matter despite the incorrect posting. You have not been disadvantaged in your defence, so this argument is rejected.
How does an appeal to the province proceed?
2. The Importance: No sufficient personal disadvantage = No case
You may only lodge an appeal for annulment against a licence if you are personally adverse effects. You must demonstrate these adverse effects sufficiently in your petition.
- Example: You lodge an appeal against a permit for a wind turbine 10 kilometres from your home because you drive past it every day. Otherwise, this wind turbine does not cause you any inconvenience and has no impact on your place of residence.
- Consequence: The court will declare your appeal inadmissible. Merely driving past the location of the requested journey does not cause you sufficient personal disadvantage.
3. The means: No sufficiently developed means = No case
In your application, you must specify precisely which legal rule you consider to have been violated and why.
- Example: In your petition, you limit yourself to repeating the criticism from your administrative appeal that the project does not fit in with the surroundings.
- Consequence: The Council will reject your appeal. After all, you must indicate why you believe that the government has not sufficiently refuted your criticism, not why you believe the project does not fit in with the environment. Simply repeating the criticism from your appeal is not sufficient for this.
Consequences for Real Estate Practice
For property developers and investors, this means that the preparation phase is very important.
- Proactive Action: Do not wait until the permit has been granted. Analyse the application thoroughly during the public inquiry.
- Legal Screening: Have a file scanned for irregularities for you submit an objection. A forgotten argument can be fatal later on. After all, the Council assesses the file on the basis of the arguments raised in the objection and appeal procedure.
Read more about the procedure of challenging a building permit.
Frequently asked questions (FAQ)
Can I still go to court if I have not lodged an appeal?
In principle, this will be very difficult. If you have not lodged an administrative appeal, the Council for Permit Disputes will, in principle, declare your petition inadmissible. This is unless you can demonstrate that you cannot be blamed for not lodging an appeal. For example, if the previous decision was not detrimental to you.
What does “interest” mean when challenging a licence?
An interest must be direct and personal. You must be able to demonstrate that the permit has a tangible negative impact on your situation, for example through a reduction in the value of your property, nuisance caused by shade, or mobility problems. General interest (such as “it is bad for the environment”) is often insufficient for an individual citizen without specific nuisance.
Next steps for your file
Are you dealing with a permit application that threatens your property portfolio or enjoyment of your home? Please feel free to contact us. contact with us.
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 in cases of construction and environmental offences and advises clients on the feasibility of their real estate projects.
