Urban and spatial planning
Urban development and spatial planning
(Malmö, Turning Torso)
1.Conflicts around construction often arise as a result of complaints from neighbors, whether organized or not, and it often happens that certain change works are carried out without prior application for the necessary environmental permit. No permit is required for adaptation works (eg insulation up to 26 cm on the outer wall -art. 4.4.1, §2 VCRO). Which assessment criteria for the permit?
Often there is a permit, there are sometimes deviations in the execution of the works . Any interested third party can react.
2. Building without a permit, or in violation of the permit, is a crime. A complaint can be lodged with the police. As a rule, an independent civil servant must be appointed at the municipality to supervise this. The regional urban planning services can also be held responsible for this.
3. Old buildings (before 1962) are presumed to be licensed. Buildings erected before the applicable regional plan are presumed to be licensed, but this is rebuttable. The permit is delivered by the COLLEGE.
4. An appeal can also be lodged against a permit with the DEPUTATION within a limited period of time after the decision has been posted by the owner.
It must be carefully monitored whether the display is actually done. If this is not the case, it is recommended to take photos in an evidential way, to collect witness statements. Municipalities can sometimes be sloppy in their supervisory function.
5. The Decree of 8.12.2017, art. 133.2 , provides that only third parties who had lodged a complaint during the public inquiry could lodge an appeal. The Constitutional Court confirmed the unconstitutional nature of this article by judgment of 14.3.2019.[1]
The appeal will proceed before the Deputation, which will then act as a court. Admittedly, it is also a political body. The treatment is prepared by independent officials and their proposal is normally followed.
The decisions must be well motivated. Common sense provides arguments, but this is certainly not enough.
The Flemish Code for Spatial Planning (VCRO) plays a very large role in the assessment and knowing this Code helps to a considerable extent. Its text can be found on the government's website, as well as the texts of the many decrees implementing this codex. The decree provides clear guidelines: see Grounds for assessment for the environmental permit.
Subdivision plans older than 15 years are no longer completely imperative. Which deviations on spatial regulations with old subdivision regulations and special planning schemes?
An important criterion is Good spatial planning .
6. If the reasons for the decision are insufficient, an appeal can be lodged with the COUNCIL FOR LICENSE DISPUTES. As a rule, the level of jurisdiction is one step higher. The carefulness of decision-making is often higher than in an ordinary court. Some legal training for drawing up the motivation is required.
7. Important problems mainly occur in the so-called zone-alienated areas (eg a house in an agricultural area). A big distinction is made between the vulnerable areas and the others. Zone alienation does allow certain rights for others, which are even expressed in the Flemish codex spatial planning.
Also see :
- What happens in case of construction breaches
- The placement of the environmental permit
- zone-alienated homes and their rights
[1] TBO 2019, p. 127 (unconstitutional due to the inconsistency with the right of access to justice guaranteed by Articles 10 and 11 Constitution