INTRODUCTION -
For many years, various Flemish real estate projects (including retail, industrial, etc.) were subject to one or more permits: a building permit for the urban planning aspects, an environmental permit for the environmental/operational aspects, an allotment permit for the allotment aspects and a socio economic permit for the (larger scale) retail activity aspects.
As each permit was subject to its own legal procedural framework, this resulted in various separate, un-streamlined procedures.
On 23 February 2017, the Flemish Decree of 25 April 2014 regarding integrated permits (“Omgevingsvergunningsdecreet”, hereafter the “Decree”) and its implementing decision of 23 February 2016 entered into force.
The Decree fundamentally reforms the Flemish permit landscape: one single permit will “integrate” the previously distinct building permit, environmental permit and allotment permit. As of 1 January 2018, the integrated permit will cover a fourth aspect viz. the retail activity of certain projects.
By way of preliminary remark, the Decree constitutes a procedural framework decree, as it provides for an integration of various distinct permit procedures. The substantive criteria for an application (is a permit required for the project in question?) and for the evaluation of the application (will the competent authority grant the permit and if so, under which modalities?) remain reflected in the specific sectoral rules.
Please see full publication below for more information.
