Subsection 2.
Reviewing the project


Article 59.

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, unless the appeal was lodged by the bench concerned.

 


Article 60.

In cases specified by the Government of Flanders, the competent authority, stated in Article 52, asks the municipal, provincial or regional environmental officer or the person authorised by him, for the opinion of the provincial or regional Environment Permit Committee, stated in Article 16, § 1. The provincial or regional Environment Permit Committee shall ask the advisory bodies stated in article 59, subparagraph 1 and, where applicable, the bench of Mayor and Aldermen or the municipal environmental official stated in article 59, subparagraph 2 for their opinion.

 

If the opinion of an Environment Permit Committee stated in article 16, § 1 is not required, the competent authority stated in article 52, the provincial or regional environmental officer or the official appointed by him shall ask the advisory bodies stated in article 59, subparagraph 1 and, where applicable, the board of Mayor and Aldermen or the municipal environmental official stated in article 59, subparagraph 2 for their opinion.

 

If, in application of subparagraph 1, the opinion of an Environment Permit Committee as stated in article 16, § 1 is required, the advisory bodies stated in article 59, subparagraph 1 and, where applicable, the bench of Mayor and Aldermen or the municipal environmental official stated in article 59, subparagraph 2 shall deliver their opinion to the Environment Permit Committee. The aforesaid committee shall deliver an integrated opinion.


Article 61.

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 62.

The permit applicant as well as any party lodging an appeal can ask in the second administrative instance to be heard by:

the provincial or regional Environment Permit Committee if the opinion of an Environment Permit Committee is required;
the competent authority, or the provincial or regional environmental officer if the opinion of an Environment Permit Committee is not required.

 

The Government of Flanders can establish more specific rules in relation to the organisation of and representation at the hearing.


Article 63.

The competent authority stated in article 52 shall review the permit application in its entirety.


Article 63/1.

If the deputation is the competent authority and no opinion from an Environment Permit Committee is required, the provincial environmental officer will prepare a report for each decision on an appeal, which is part of the permit dossier. Where appropriate, the report assesses the request against the grounds for assessment determined by or pursuant to:

title IV of the VCRO; 
title V of the 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 report shall include, where appropriate, a proposed response to the views, comments and objections submitted during any public inquiry. 

 

The provincial environmental officer will make this report available to the deputation no later than ten days before the expiry of the established or, where appropriate, extended decision period. In its reasoning for the decision, the deputation will indicate how the report will be taken into account. If no report is made within the established or, where appropriate, extended period, the deputation may disregard the requirement for a report.


Article 64.

Changes can be made to the permit application during the appeal procedure.

The public review of the amended permit application is not required if the following conditions are met:

the changes do not affect the protection of people or the environment or proper spatial planning;
the changes satisfy the opinions or views, comments and objections submitted during the public review;
the changes do not involve any apparent infringement of third-party rights.

  

If the conditions stated in subparagraph 2 are not met, the competent authority stated in article 52 can decide to organise a public review of the amended permit application. Where applicable, it shall obtain the opinion of the Environment Permit Committee stated in article 16, § 1 or the opinions stated in article 59, either initially or for a second time.

If the conditions stated in subparagraph 2 are not met and the competent authority has not organised a public review of the amended permit application, this authority shall not take the changes to the permit application into account in its decision.

 


Article 65.

If the application involves the construction, modification, relocation or closure of a municipal road and the competent authority establishes that the municipal council has not taken a decision on this, the governor, at the request of the deputation, the Government of Flanders or the regional environmental officer, will call the municipal council together to decide on the construction, modification, relocation or closure of the municipal road.
 
The municipal council decides on the location, width and equipment of the municipal road, and on possible inclusion in the public domain. In this regard, the municipal council may impose conditions and attach charges, which the competent authority will include in the eventual permit. The legal protection with regard to those conditions and charges is the same as that with regard to the permit.
 
The municipality submits the decision of the municipal council on the construction, modification, relocation or cancellation of the municipal road to the competent authority within sixty days after the convocation by the governor.