Subsection 3.
Decision on the appeal


Article 66.

§1.
The competent authority stated in article 52 shall take a definitive decision on the permit request within a period of:

one hundred and twenty days if the request was processed in the first administrative instance in accordance with the normal licensing procedure;
sixty days if the request was processed in the first administrative instance in accordance with the simplified licensing procedure.


§2.
Without prejudice to paragraph 2/1, the time limit for making a decision shall be extended ipso jure by sixty days in the following cases:

if a public review is organised in application of article 64, subparagraph 3;
if use is made of the administrative loop stated in article 13;
if the permit request includes the construction, modification, relocation or cancellation of a municipal road over which the municipal council has decision-making power and the municipal council is convened in the course of the appeal procedure in accordance with Article 65.

 

Notice of the period extension shall be sent to the applicant and the party lodging the appeal before the end date of the time limit for making a decision.

§2/1.
Without prejudice to paragraph 2, the time limit for making a decision shall be extended once by sixty days upon reasoned request by the permit applicant.

 

Notice of the period extension shall be sent to the applicant and the party lodging the appeal before the end date of the time limit for making a decision.

 

§2/2.
Without prejudice to the application of paragraph 2 or paragraph 2/1, the decision period is suspended ipso jure as long as the Government of Flanders has not taken a decision on the organised administrative appeal against the decision of the municipal council referred to in article 31/1.

 

§3.
The time periods stated in paragraph 1 shall always begin on the day after the date on which the last appeal is declared admissible and complete or, in the absence of a decision in that regard, the thirtieth day after the date on which the last appeal was submitted or after receipt of the missing data or documents, whereby the most recent date applies.

 

If no decision is made within the specified or, where appropriate, the extended time limit, the appeal(s) shall be deemed to have been dismissed and the contested decision shall be regarded as definitive.

§4.

Articles 33, 34, 47 and 38 apply mutatis mutandis to the decision.

 

§5.
The competent authority can make a decision on a permit request as stated in articles 5.4.1 and 5.4.2 of the Immovable Heritage Decree of 12 July 2013, whereby an archaeology memorandum submitted for ratification was added to the application, but make a decision once the validated archaeology memorandum has been delivered. If no validated archaeology memorandum has been submitted before the expiry of the term stated in paragraphs 1 to 3, the Environment Permit must be refused.
 
§6.
A permit for requests involving the construction, modification, relocation or cancellation of a municipal road can only be granted on appeal after the municipal council has approved the construction, modification, relocation or cancellation of the municipal road, in application of Article 31.
 
If the municipal council has not approved the construction, amendment, relocation or cancellation, or if the Government of Flanders has annulled the decision in accordance with Article 31/1, the Environment Permit will be refused on appeal.
 
§7.
If the competent authority, stated in Article 52, is unable to take a decision within the set or, where appropriate, extended period because the municipal council has not taken a decision on the construction, modification, relocation or closure of the municipal road, the municipality shall owe the applicant a non-recurring compensation of 5,000 euros.
 
Within ninety days after the expiry of the period stated in the first paragraph, the licence applicant requests payment of the one-off fee from the municipality with a secured dispatch. He refers to the dossier in his request and states his IBAN and BIC details. The municipality pays the one-off fee to the applicant without further formalities.
 
If the licence applicant does not request payment of the one-off fee within the period of ninety days stated in the second paragraph, the applicant is deemed to have waived his right to the one-off fee.
 

 


Article 67.

The Government of Flanders shall establish the more specific rules for the procedure in the last administrative instance.