{"id":26563,"date":"2021-02-08T08:00:00","date_gmt":"2021-02-08T07:00:00","guid":{"rendered":"https:\/\/www.confianz.be\/?p=26563"},"modified":"2025-12-08T16:45:48","modified_gmt":"2025-12-08T15:45:48","slug":"refusal-of-planning-permission","status":"publish","type":"post","link":"https:\/\/www.confianz.be\/en\/weigering-omgevingsvergunning\/","title":{"rendered":"Refusal of environmental permit: what steps can you take?"},"content":{"rendered":"

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.<\/strong><\/p>\n\n\n\n

Refusing to grant planning permission is becoming increasingly common, with municipalities using arguments such as the concrete stop <\/a>(construction shift)<\/strong> 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.<\/p>\n\n\n\n

1. File an administrative appeal (The most commonly chosen route)<\/strong><\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

Read more about applying for an environmental permit.<\/a><\/strong><\/p>\n\n\n\n

Where and when should you file an appeal?<\/strong><\/h3>\n\n\n\n

The deadline and the competent authority depend on who issued the original refusal. The strict rule in Flanders is:<\/p>\n\n\n\n

Decision by:<\/strong><\/td>Appeal to:<\/strong><\/td>Term:<\/strong><\/td><\/tr>
Municipality<\/strong> (Board of Mayor and Aldermen)<\/td>Province<\/strong> (Deputation)<\/td>30 days<\/strong><\/td><\/tr>
Province<\/strong> (Deputation)<\/td>Flemish government<\/strong><\/td>30 days<\/strong><\/td><\/tr>
Flemish government<\/a><\/strong><\/td>Council for Licensing Disputes (BoE)<\/strong><\/td>45 days<\/strong><\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n
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Note:<\/strong> The period begins to run the day after notification through the Environment counter<\/strong>. A late appeal will be declared irrevocably inadmissible. Notification of the decision is automatic via the environment counter<\/a>.<\/p>\n<\/blockquote>\n\n\n\n

How do you increase your chances of success on appeal?<\/strong><\/h3>\n\n\n\n

A mere letter saying you \"do not agree\" is not enough. You need legal resources<\/strong> cite (arguments) why the contested decision is unlawful or negligent.<\/p>\n\n\n\n