On 23 February 2016 the implementing decree for the Flemish Single Permit Decree ("omgevingsvergunning") was published in the Belgian Official Gazette. It is a voluminous document, with 799 articles and 19 annexes. Moreover, the implementing decree amends 58 other regulations.
There is now certainty regarding the date of entry into force of the Single Permit Decree: on 23 February 2017, one year following the publication of the implementing decision, the single permit will go live …
Procedural framework
The Single Permit Decree and its implementing decree create a procedural framework for an integrated permit, enabling combined evaluation of both urban planning aspects and environmental aspects. Meanwhile, the substantive criteria for the evaluation of a project –whether or not to award a permit for the project – remain incorporated in the specific sectoral rules: the Flemish Urban Planning Code for urban planning aspects of the project and the Decree on General Provisions of Environmental Policy for its environmental aspects.
Integrated and simplified permit procedure
In the case of a "mixed" project, an undertaking is no longer required to run through two separate procedures. One common application, one public inquiry and one advisory round are sufficient. The procedural deadlines are shortened and these deadlines are often sanctioned as peremptory time limits. The integrated evaluation aims to improve quality and efficiency, and to offer substantial time gains for the undertaking involved.
The number of permit procedures is reduced to two: a "normal" permit procedure, including a public inquiry, and a "simplified" permit procedure, without a public inquiry. In addition, there is a notification procedure for activities that merely require notification.
Perpetual single permit
The single permit is a perpetual permit. This was already the case for urban planning permits, but this feature is a new development for environmental permits, since until now these generally remained valid for only 20 years.
In order to protect human life and the environment, accompanying measures have been put in place: the perpetual exploitation is subject to (general and specific) evaluations. The public, the responsible public servant and the government can make observations at the end of each 20 year exploitation period, following which a procedure to "revise" the single permit can be launched. The provisions organising this evaluation only enter into force on 1 January 2018.
At the request of the permit holder (filed between the fourth and third year before expiry of the current permit term), and under certain conditions, existing environmental permits with a limited duration can be converted into perpetual single permits.
Entry into force
There is now certainty regarding the date of entry into force of the new permit rules: on 23 February 2017, one year following the publication of the implementing decree, the single permit will be go live …
The provisions organising the evaluation of the single permit enter into force later, on 1 January 2018.