Subsection 1.
Admissibility and completeness review


Article 56.

To be admissible, the appeal shall be submitted to the competent authority stated in article 52 by secured consignment.

 

If, in application of Article 31/1, an organised administrative appeal has been lodged with the Government of Flanders against the decision of the municipal council on the construction, modification, relocation or closure of a municipal road, the appeal shall contain a copy of the notice of appeal to the Government of Flanders under penalty of inadmissibility. 

 

To be admissible, the party lodging the appeal shall send a copy of the notice of appeal simultaneously and by secured consignment to:

the permit applicant, except where he himself is lodging the appeal;
the deputation if this took the decision in the first administrative instance;
the bench of Mayor and Aldermen, except where it itself is lodging the appeal.

  

The Government of Flanders lays down, possibly including an inadmissibility sanction, furhter rules with regard to the structure and content of the notice of appeal and the supporting documents that must be enclosed with the appeal in order for it to be loged in an admissible manner.


Article 57.

The competent authority stated in article 52 or the provincial and/or regional environment official shall review the admissibility and completeness of the appeal.

 

If all the documents stated in article 56, subparagraph 3 are not attached to the appeal, the competent authority or the provincial or regional environment official appointed by it can ask the party lodging the appeal by secured dispatch to add the missing information or documents to the appeal within a period of fourteen days beginning the day after the request for completion is sent.

 

If the party lodging the appeal fails to add the missing information or documents to the appeal within the time limit stated in subparagraph 2, the appeal shall be regarded as incomplete.


Article 57/1.

Appeals for Environment Permits that only include retail activities and that are based solely on economic criteria in relation to economic objectives are inadmissible.


Article 58.

The result of the review stated in article 57 shall be notified to the party lodging the appeal by secured consignment within a period of thirty days beginning the day after the date on which the notice of appeal was sent.

Incompleteness or inadmissibility shall ipso jure lead to the stoppage of the appeal procedure.

The decision shall be notified to:

the appellant;
the permit applicant;
the deputation if this took the decision in the first administrative instance;
the bench of Mayor and Aldermen.