Subsection 2.
Reviewing the project

Article 42.

The Government of Flanders shall appoint the advisory bodies that deliver opinions on permit applications.


The opinion of the bench of Mayor and Aldermen on the jurisdiction to which the permit application relates or of the municipal environmental official shall always be obtained if the deputation or the Government of Flanders is the competent authority, unless the application was submitted by the bench concerned.


The competent authority referred to in Article 15, the municipal, provincial or regional environmental officerl, shall ask the authorities referred to in the first paragraph for advice.

Article 43.

The Government of Flanders shall establish the time limits for delivering opinions and can determine the elements to which such opinions must relate.


If no opinion is delivered within the established time limit, the opinion shall be deemed to be favourable.


Article 43/1.

If the project involves retail activities requiring a permit with a net commercial area of more than 20,000 square metres, located at a distance of less than 20 kilometres from another region or from various other regions, and the mayor and aldermen or deputation is the competent authority, the municipal or provincial environmental officer informs the Government of Flanders  of this with a secured dispatch, with a view to the fulfilment of the obligations included in Article 6, § 5bis, of the special law of 8 August 1980 on the reform of the institutions. 

Article 44.

If the council of mayor and aldermen is the competent authority, the municipal environmental officer prepares a report for each decision about a permit application, which is part of the permit file. Where appropriate, the report assesses the application against the grounds for assessment determined by or pursuant to:

titel IV van de VCRO;
titel V van het DABM;
the decree of 15 July 2016 regarding the integral commercial establishment policy;
the decree of 21 October 1997 on nature conservation and the natural environment.


The municipal environmental officer makes this report available to the board of the Mayor and Aldermen at the latest ten days before the expiry of the confirmed or, where appropriate, extended decision period. The Board of Mayor and Aldermen will indicate in their reasoning for the decision how the report will be taken into account. If no report is made within the set deadline, the Board of Mayor and Aldermen may disregard the requirement for a report.
Paragraph 1 applies mutatis mutandis to the deputation and the provincial environmental officer.

Translation not available