Are you a property owner or investor and see a yellow poster appear in your street? Or was your own licence application refused? Then start the clock for filing an objection or appeal. Although you are legally allowed to draft your own arguments, practice shows that procedural and substantive errors often lead to a inadmissibility of the request.
In this article, we analyse the risks of preparing your own objection or appeal against an environmental permit in Flanders and how to safeguard your property interests.
Read more about the refusal of an environmental permit here.
Pitfall 1: Missing the fatal deadlines
The strict expiry deadlines in environmental law are inexorable: a day late means irrevocable loss of rights. There is no room for leniency or delay.
For real estate players, it is crucial to mark the following deadlines in your calendar:
- Objection (municipality): 30 days from the start of the public enquiry. Read more about filing an objection to an environmental permit here.
- Administrative Appeal (Province/Flemish Government): 30 days after the posting or notification of the decision.
- Council for Licensing Disputes (CoC): 45 days after service of the contested decision.
The calculation of these deadlines is complex (does the day of posting count or not?).
Opinion: Don't take a risk and get the term calculated by a specialist as soon as you see the yellow poster.
Read more about why it is important to make your arguments in time here.
Pitfall 2: Failure to comply with strict procedural requirements
An objection or appeal is only valid if it complies exactly with the formal requirements of the Environmental Permit Decree. It is not enough to simply send an e-mail or letter to the College of Mayor and Aldermen.
If you do not follow the procedural rules, your opposition will be inadmissible declared. This means that the government will not even read your substantive arguments. Your chance to stop the project is then permanently lost on appeal. Moreover, an inadmissible appeal means you lose the right to go to the Licensing Disputes Board later.
Critical requirements include:
- Correct addressing to competent authority.
- Payment of any filing fee within the deadline.
- Registered post or submission via the Environment counter.
- Indication of the necessary identification details of the petitioner and the contested project.
Here you will find more information on the course of the appeal procedure with the province.
Pitfall 3: Sailing blind on an incomplete file
Effective opposition is impossible without thorough analysis of the entire file through the Inspection Office or at the town hall. You cannot formulate valid arguments if you do not know what exactly is in the plans, the accountability note, or the opinions of agencies (such as Roads and Traffic or the Fire Brigade).
The Inzageloket is technically complex. Laypersons often overlook crucial documents, such as a missing archaeology note or an incorrect mobility test.
- Risk: You are basing your objection on assumptions rather than facts.
- Consequence: The other side easily refutes your arguments with facts from the file that you missed.
- Strategy: A specialist scans the file for gaps. A missing mandatory opinion is often a stronger weapon than a page full of subjective complaints.
Pitfall 4: Legally weak or irrelevant arguments
A valid objection should be based on town planning regulations and 'good land use planning', not emotion or mere financial loss. Arguing that "the value of my property will decrease" or "I think the building is ugly" has in environmental law zero value.
You must show that the project violates specific rules of law.
Focus areas for strong argumentation:
- Conflict with RUPs or BPAs: Are building regulations (height, depth, roof shape) respected?
- Environmental impacts: Has the EIA screening been carried out correctly?
- Pavement & Water Management: Does the project comply with the regional stormwater regulation?
- Good Spatial Planning (GRO): Is the project compatible with its surroundings in terms of scale and carrying capacity?
Expert Quote: "A common mistake is to focus on private nuisance (such as views). However, the licensing authority tests for the public interest and the good spatial planning. So you have to translate your personal disadvantage into an objective spatial error."
Pitfall 5: The 'Funnel effect' (Citing arguments too late)
You should present all your arguments as early as possible in the proceedings (preferably at the objection stage); new arguments are often rejected at later stages. This principle, often called the 'funnel effect', protects legal certainty but is a trap for the layman.
Do you wait with your strongest arguments until the appeal stage at the Licensing Disputes Board? Then chances are you will no longer be able to successfully invoke these arguments. After all, in principle, the Council will assess the case on the basis of the arguments made in the appeal procedure with the province or the Flemish Government.
Why seek legal assistance immediately?
- Press: A professional objection directly forces the applicant and government to negotiate (e.g. adjust plans or impose conditions in your favour).
- Safeguarding rights: You guarantee that all ammunition will remain available for any further proceedings.
Frequently asked questions (FAQ)
Can I write my own notice of objection to planning permission? Yes, you may do this yourself. However, due to complex regulations and strict formal requirements, there is a high risk that your objection will be declared unfounded or inadmissible. For property projects with impact, specialised assistance is highly recommended.
What is the deadline for appeal to the Licensing Disputes Board? The time limit is strictly 45 days from the service of the licence decision (in final instance). Note that this time limit is not usually suspended by holiday periods.
Is depreciation of my house a valid argument against a licence? No, mere financial depreciation is not an urban planning argument. You must show that the depreciation is the result of an urban planning flaw, such as excessive shadow nuisance, privacy infringements that violate regulations, or mobility problems.
About the author: Niels Vansimpsen is an environmental law lawyer at Confianz. He supervises permit applications throughout Flanders. He also assists clients throughout Flanders with objections or appeals against submitted permit applications. He also provides assistance with construction and environmental offences and advises clients on the feasibility of their real estate project.
Was your permit denied or do you wish to oppose a project? If so, please feel free to contact with our environmental law lawyer. Confianz guides and assists you, and this for projects throughout Flanders.
