Has your environmental permit been refused? Then, legally speaking, you have three concrete options: file an administrative appeal (usually within 30 days), amend your application during the ongoing procedure, or enter into consultation with the licensing authority.
Refusing to grant planning permission is becoming increasingly common, with municipalities using arguments such as the concrete stop (construction shift) sometimes unfairly use it to block projects. However, a refusal is not an end station. With the right legal strategy, a decision can often be refuted or reversed.
1. File an administrative appeal (The most commonly chosen route)
Filing an administrative appeal is the most direct way to challenge a refusal. In doing so, you ask a higher authority to review the lower authority's decision.
Read more about applying for an environmental permit.
Where and when should you file an appeal?
The deadline and the competent authority depend on who issued the original refusal. The strict rule in Flanders is:
| Decision by: | Appeal to: | Term: |
| Municipality (Board of Mayor and Aldermen) | Province (Deputation) | 30 days |
| Province (Deputation) | Flemish government | 30 days |
| Flemish government | Council for Licensing Disputes (BoE) | 45 days |
Note: The period begins to run the day after notification through the Environment counter. A late appeal will be declared irrevocably inadmissible. Notification of the decision is automatic via the environment counter.
How do you increase your chances of success on appeal?
A mere letter saying you "do not agree" is not enough. You need legal resources cite (arguments) why the contested decision is unlawful or negligent.
- Statistics: Figures from the Council for Permit Disputes show that appeals based purely on expediency rarely succeed. Cases that are legally based on breaches of due diligence or defects in reasoning are significantly more likely to be overturned.
- Costs (Rolling Rights): For an appeal to the province or Flemish Government, you pay €100 per appeal. At the RvVb, this amounts to €200 per requesting party.
Is your appeal rejected?
If the province or Flemish Government confirms the refusal, all that remains is to go to the Council for Permit Disputes. The Council does not rule on the appropriateness of your project (whether it is "nice" or "useful"), but only on the legality of the decision. In the event of annulment, the government must make a new decision, taking the ruling into account.
2. Customise your application (The 'Administrative Loop')
A refusal is often based on specific objections (for example: too large a building volume or nuisance to neighbours). It is strategically smart to modify your plans to meet these objections.
- During the appeal process: You do not have to wait for a ruling. You can make changes to your file (e.g. delete a floor or change the implantation) during the procedure with the province or the Flemish Government.
- New public enquiry: If the changes have an impact on third parties, the appeal body may decide to organise a new public enquiry.
Expert Tip: "Use the appeal stage not just to fight, but to optimise. An amended plan that meets the concerns of the municipality will lead to a permit faster than a years-long procedural battle before the council."
Note: before the Licensing Disputes Board are plan amendments not more possible. There, only the file as it existed at the time of the last decision is considered. However, a new, amended application can always be submitted to the Council during the appeal procedure.
3. Engage with government and stakeholders
Preventive or curative consultation is essential in modern environmental law. Gone are the days when you filed an application "blind".
- With the government: Request a consultation with the town planning officer or the deputation, even if the appeal process is already underway. This will offer insight into the exact stumbling blocks.
- With objectors: Are you expecting neighbour protests? Engage in conversation beforehand. Many objections stem from ignorance or fear of nuisance. By proactively making small adjustments, you will avoid neighbours going to the Council for Permit Disputes.
What in case of a tacit refusal?
The government is legally obliged to decide within due dates. Does it fail to do so? Then in most cases (especially on appeal) a tacit refusal.
This does not mean that your case is "off the table", but it does mean that you must take active action. You must also appeal an implied refusal to enforce an explicit decision. If you do nothing, the refusal becomes final.
Frequently asked questions (FAQ)
1. What does it cost to appeal against a refusal of an environmental permit?
The administrative cost (rolling fee) is €100 for an appeal to the province or Flemish Government and €200 per person at the Council for Permit Disputes. You must also take into account lawyer's fees and possible costs for architectural modifications.
Do you have questions about a permit application or was your environmental permit refused? Then feel free to contact with our spatial planning lawyer. We can fully assist you with your permit application for all of Flanders.
2. How long does an appeal to the province take?
The province (Deputation) has eand decision period of 60 or 120 days after declaring the appeal admissible, depending on which procedure was followed at first instance. In certain cases, this period can be extended by 60 days.
3. Can I build if I have received a tacit refusal?
No. A tacit refusal is legally equivalent to a "njet". You do not have an enforceable permit. You must appeal to still obtain approval.
4. Is a lawyer required at the Licensing Disputes Board?
Strictly speaking, a lawyer is not mandatory, but highly recommended. RvVb proceedings are strictly legal and complex. A procedural error almost always results in losing the case.
Find out more about the pitfalls of filing your own appeal.
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.
