The entry into force of the Flemish Single Permit Decree was scheduled for 23 February 2017 (cf. Eubelius Spotlights March 2016). However, a decree dated 3 February 2017 offered the municipalities the option of postponing the entry into force until 1 June 2017 at the latest. Almost all municipalities have postponed the single permit until 1 June 2017.
Possibility of postponement only for municipalities
The Single Permit Decree ("Omgevingsvergunningsdecreet") was originally scheduled to enter into force on 23 February 2017. It has indeed entered into force in respect of permit applications submitted since that date where the Flemish Region or the province acts as the permit-issuing authority.
Because numerous municipalities were not yet ready to handle permit applications through the dedicated digital case handling system ("Omgevingsloket"), the option to postpone the entry into force was added to the Single Permit Decree – but only for municipalities.
The college of the Mayor and Aldermen of a municipality wishing to postpone the entry into force was required to notify the Flemish Region of its decision to do so by 14 February 2017 at the latest. This decision had to include the date of postponed entry into force, the deadline being 1 June 2017. The Flemish ministers competent for Spatial Planning and for the Environment were required to take note of such notification.
Postponement in almost every municipality until 1 June 2017
Almost all Flemish municipalities have postponed the entry into force of the Single Permit Decree until 1 June 2017. The exceptions are Dilsen-Stokkem, Herstappe, Langemark-Poelkapelle and Staden, where the single permit took effect on 23 February 2017, and Beersel and Diest, which have postponed the entry into force until 18 April 2017 and 2 May 2017 respectively.
Which regulation will be applied?
Permit applications submitted to a municipality where the introduction of the single permit has been delayed will be treated on the basis of the provisions valid on 22 February 2017, i.e. the procedural provisions of the Flemish Code on Spatial Planning ("Vlaamse Codex Ruimtelijke Ordening") and the Decree on the environmental permit and their implementing orders. Such permit applications will consequently result in the granting of (or the refusal to grant) an environmental and/or building permit, or an allotment permit.
As regards the environmental permits, two exceptions apply, which are very important in practice:
- Environmental permits will already be issued for an unlimited duration. In accordance with the Single Permit Decree, a derogation can be applied in some cases.
- With regard to the environmental permit, the new classification list annexed to the VLAREM II regulation applies immediately as of 23 February 2017.