The Walloon Territorial Development Code ("Code de développement territorial – CoDT") entered into force on 1 June 2017. It substantially modifies the Walloon legislation on territorial planning.
The Code constitutes the new "toolbox" for development and planning on the territory of Wallonia. Adopted by the Walloon Decree of 20 July 2016, its entry into force was postponed until a date to be fixed by the Government, in order to allow sufficient time for the actors involved to comply with the new rules (requiring a period of training and adaptation of the IT tools for managing the permits). In a decree dated 22 December 2016, the Government determined that the Code would enter into force on 1 June 2017.
The provisions making up the Code are contained in a decree dated 20 July 2016. The enforcement measures were enacted in an order of the Walloon Government dated 22 December 2016. In fact, the Code had initially been adopted in a decree issued on 24 April 2014, but was repealed by the decree of 20 July 2016 before it even entered into force, due to substantial criticism.
Initiated several years ago, the new Code is thus the result of collaborative work, largely coordinated and thought through with the actors involved in its implementation. It echoes the regional policy declaration of 18 July 2014 in which the Government insisted on the need to complete this reform in order to simplify and accelerate procedures for the benefit of citizens, companies and public authorities.
The entry into force of the Code therefore brings about one of the most-anticipated reforms of recent years. It modifies in depth the rules for territorial planning and the management of planning permits.
The new legal framework also pursues two major objectives: support for the economic development of Wallonia and the fight against urban sprawl.
To this end, various steps have been taken, notably including the following:
- The introduction of the "Pluricommunal Development Plan". This is a new planning tool which sets out the objectives for territorial development and planning and, where appropriate, for urban planning on an intermediate scale, for all or part of the territories of several municipalities. The plan's objective is to promote synergies between municipalities.
- The creation of two new zone categories in the sector plan for urban development, with an accelerated twelve-month procedure for the revision of the sector plan in order to include these zones. The two new zones are zones of regional importance and zones of municipal importance: (1) A zone of regional importance is intended to accommodate economic activities, structures and infrastructure for public services and community facilities, as well as tourist or recreational facilities. (2) A zone of municipal importance is intended to accommodate residences, craft activities, services, distribution, research or small industry, socio-cultural establishments, structures and infrastructure for public services and community facilities, as well as tourist or recreational facilities. This type of zone will also accommodate public green spaces and a light transport network.
- Strengthening of the possibilities for repealing territorial and planning tools (such as municipal development plans and master plans) by two means: (i) the introduction of a single procedure to develop or review a new planning tool through the simultaneous repealing of an existing tool; and (ii) the introduction of an "automatic repeal" regime for certain tools upon expiry of a period of eighteen years, extendable for six years, from the date of their establishment.
- Modification of urban planning permits and reports: the planning declaration has been abolished; the exemptions from the obligation to obtain an urban planning permit have been extended; the division of powers between the competent authorities (College of Mayor and Aldermen, delegated official, Government and Parliament) has been clarified; the content of the urban planning permit has been simplified when creation of roads is not involved; the concept of "modification" of the urban planning permit has been clarified, and the conditions for exemptions have been rationalised.
- Modification in depth of the mechanism of binding time-limits for permits. This measure is intended to ensure better predictability of decisions, with practicable time limits. It is also aimed at avoiding cases of tacit refusal, by providing automatic referral to the competent authority.
- Simplification of the procedure for the establishment of the perimeter of a site to be redeveloped ("SAR perimeter") and introduction of the rule that an SAR perimeter serves as planning permission for rehabilitation and renovation works.