The (long) road to a green light!
Procedure when going through an application for an environmental permit
Table of contents
Legal framework
The Flemish Government Decree of 27 November 2015 forms the core of the legal framework for the single permit in Flanders. This decree implements the Decree of 25 April 2014 on the single permit.
The single permit was introduced to streamline the existing procedures around building and environmental permits and integrate them into a single process. Before the introduction of this legislation, applicants often had to go through two separate procedures: a planning permit and an environmental permit. This could lead to long processing times, conflicting requirements and uncertainty for applicants. With the environmental permit, these procedures are merged, making the process simpler and more efficient.
The Flemish Government Decree of 27 November 2015 lays down the rules for the application, processing and execution of the single permit. It also provides a framework for the use of a digital platform, the Omgevingsloket, which allows applicants to submit and monitor their files online.
This article focuses exclusively on the environmental scope of the single permit.
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What is an environmental permit?
An environmental permit is an official government authorisation for activities that may have an impact on the environment. Examples include industrial activities, the discharge of wastewater, or the operation of a business with significant greenhouse gas emissions. The purpose of the environmental permit is to ensure that these activities are done with respect for the applicable environmental rules and standards, and with the necessary protection of people and nature.
The importance of the environmental licence within the single permit.
Although the environmental permit is an integrated system, the environmental permit retains its crucial role. Projects that may affect the environment remain subject to strict requirements to ensure environmental quality.
Companies and individuals wishing to carry out environmentally harmful activities must therefore also submit an environmental permit section through the environmental permit procedure. Among other things, this part deals with the evaluation of risks to mobility, biodiversity, air, water, soil, light and noise pollution and takes into account the protection of public health and the surrounding area.
Procedure for filing an environmental permit.
Preparing the application
Proper preparation is essential. Applicants must submit a detailed file with information on the nature of the activity, the location, the potential environmental impacts and the measures that will be taken to reduce the impact on the environment.
Submit via the environment counter
Submitting an application is done digitally through the Environment Counter (www.omgevingsloketvlaanderen.be). This platform is designed to centralise and simplify the process. Applicants must submit their file completely and accurately, as incomplete files can lead to delays or even rejections. The completeness of the dossier can be checked by performing a completeness check (under the Project Progress menu).
Note: The result of the completeness check provides an overview of the missing annexes, documents or plans, but does not provide information on the completeness of the content of the application.
Public research and consultancy
After submission, there is a phase of consultation and possible public enquiry. This investigation gives citizens and stakeholders the opportunity to have a say in the application. For projects that may have a significant impact on the environment, the public enquiry is mandatory. During this period, objections and comments can be submitted and are considered by the competent authority.
In addition, the competent authorities seek advice from various bodies, such as the municipal environmental department, Flemish Environment Agency (VMM), Agency for Nature and Forests (ANB). The opinions of these bodies are important to get a full picture of the environmental feasibility and risks of the project.
Decision of the board
After the public enquiry and advice, the competent administrative body makes a decision. This can be the municipality, but for complex or large projects, it is the province or the Flemish government that decides.
The decision can be positive, negative, or positive with conditions. In case of a positive decision, the applicant can start his activities, provided he complies with the conditions set. In case of a negative decision, it is possible to appeal.
Appeals
If an applicant does not agree with the decision, they can file an appeal. This appeal must be submitted within a certain period of time (usually 30 days) and is again done via the Environment counter. The appeal body, which usually operates at the Flemish level, will review the application and make a final decision.
Classification of facilities
In Flanders, companies and activities requiring an environmental permit are divided into three classes, depending on their environmental impact:
- Class 1: This category includes the largest and most polluting activities, such as chemical plants, large waste treatment plants or power plants. These activities require a comprehensive environmental licence, sometimes supplemented by an environmental impact report (EIR). These applications are handled at provincial or Flemish level.
- Class 2: These companies have a medium impact on the environment and also have to apply for environmental permits, but the procedure is less strict than for class 1. Applications are handled by the municipality. Applications are handled by the municipality.
- Class 3: These companies have a limited impact on the environment. They are not required to apply for an environmental licence, but must report to the competent authority, being the municipality.
It is important for applicants to check carefully beforehand which class their activities fall into, as this will affect the size and content of the dossier.
Permits with conditions
Some environmental permits are granted with conditions. This means that the applicant must take certain measures to limit the environmental impact of its activity. These conditions may relate to the emission of harmful substances, the treatment of waste, the protection of groundwater, or the limitation of noise pollution.
Compliance with these conditions is checked by the competent authorities, such as the municipal environmental services or the Flemish Environmental Inspectorate.
Enforcement and sanctions
When an environmental licence is granted, it is crucial that the applicant complies with the licence conditions. The authorities carry out regular checks to verify that the operator complies with the imposed environmental standards.
In case of violations, the licence can be revoked, or sanctions can be imposed, such as fines or even criminal prosecution. This ensures that the environmental impact of business activities is contained and that the environment remains protected.
Conclusion
Filing for an environmental permit is a closely regulated process. It provides a clear framework for companies and individuals to organise their environmentally harmful activities in a way that ensures environmental quality. Integrating the environmental permit into the single permit procedure simplifies the process for the applicant while ensuring environmental protection.
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