CHAPTER 8.
Lapse and surrender of the Environment Permit


Section 1.
Lapse of the Environment Permit for the execution of urban development activities, the operation of a classified establishment or activity, retail activities or modification of the vegetation


Article 99.

§ 1.

The Environment Permit shall lapse ipso jure in each of the following cases:

if the licensed urban development actions are not started within two years of the final Environment Permit being granted;
if the licensed urban development actions are interrupted for more than three successive years;
if the licensed urban buildings are not windproof within five years after the final Environment Permit has been granted;
if operation of the licensed activity does not start within five years of the final Environment Permit being granted;
if the retail activities do not commence within five years after the granting of the final Environment Permit.

 

The period stated in the first paragraph, 1°, can, however, at the request of the licence holder, be extended for a period of two years if he demonstrates that the non-realisation is the result of an unusual cause that cannot be attributed to him. The permitholder must submit the application for the extension, under penalty of expiry, with a secured dispatch and at least three months before the expiry of the original expiry period of two years to the authority that issued the permit. That authority will only refuse the request for the extension if:

there is no strange cause that cannot be attributed to the permit holder.
the requested and licensed actions are in conflict with urban development regulations or parcelling regulations that have since been amended.

 

The government delivers its decision no later than the day of the expiry of the original expiry period of two years. In the absence of a decision, the extension is deemed to have been approved. If the extension is approved, the terms stated in the first paragraph, 3° and 4°, are also extended by two years.

 

If the Environment Permit expressly mentions the various phases of the construction project, the time limits of two, three or five years stated in paragraph 1 shall be calculated per phase. For the second and subsequent phases, the time limits for lapsing shall therefore be calculated from the start date of the phase in question.

 

§ 2.

The Environment Permit for the operation of a classified facility or activity shall lapse ipso jure in each of the following cases:

if the operation of the licensed activity or facility is interrupted for more than five successive years;
if the classified facility is damaged by fire or explosion caused by its operation;
if operation is completely and definitely stopped on a voluntary basis in accordance with the conditions and rules stated in the Decree of 9 March 2001 governing the voluntary, complete and definitive cessation of production of all animal manure from one or more species of animal and its implementing orders. The Government of Flanders can establish more specific rules for notification of stoppage.

 

§ 2/1

The Environment Permit for carrying out retail activities will automatically expire if the retail activities are interrupted for more than five consecutive years.

 

§ 2/2

The Environment Permit for changing the vegetation will automatically lapse if the modification of the vegetation does not start within two years after the final Environment Permit has been granted.

 

§ 3.

If the cases stated in paragraph 1 relate to part of a construction project, the Environment Permit shall only lapse for the unfinished part of a construction project. A part is only finished when it can be regarded as a separate construction that satisfies the structural requirements, where applicable after the unfinished parts have been dismantled.

 

If the cases stated in paragraph 1 or 2 only relate to part of the operation of the classified facility or activity, the Environment Permit shall only lapse for that part.


Article 100.

The Environment Permit shall remain fully valid if the operation of a classified facility or activity of a project changes from category 1 to category 2 or vice versa due to a change in the classification list.
 
In the event that the operation of a classified establishment or activity of a project changes from ckass 1 or 2 to class 3 due to an amendment to the classification list or due to a partial discontinuation, the permit will act as a notification deed and the special conditions continue to apply.


Article 101.

The terms of two, three or five years stated in Article 99, extended where appropriate in accordance with Article 99, § 1, will be suspended as long as an appeal for annulment of the Environment Permit is pending before the Council for Permit Disputes, in accordance with Chapter 9, unless the licensed activities contravene a spatial implementation plan that entered into force before the final decision of the Council. In that last case, any right to plan compensation shall not be affected. 


The terms of two, three or five years, stated in Article 99, extended where appropriate in accordance with Article 99, § 1, will be suspended during the execution of the archaeological excavation, described in the approved archaeology memorandum in accordance with Article 5.4.9 of the Immovable Heritage Decree of July 12, 2013 and in the ratified memorandum in accordance with Article 5.4.17 of the Immovable Heritage Decree of 12 July 2013, with a maximum term of one year from the start date of the archaeological excavation.
 
The terms of two, three or five years, stated in Article 99, extended where appropriate in accordance with Article 99, § 1, will be suspended during the execution of the soil remediation work of a soil remediation project for which the OVAM has issued a certificate of compliance pursuant to  Article 50, §1 of the Soil Decree of 27 October 2006, by a maximum term of three years from the start date of the soil remediation work.

 

The terms of two, three or five years, stated in Article 99, extended where appropriate in accordance with Article 99, § 1, will be suspended as long as a validated cease and desist order, as stated in Title VI of the VCRO, is not revoked or cancelled by a decision with the authority of res judicata. The suspension shall end ipso jure when the lifting of the prohibition order is not demanded or the prohibition order is not repealed within a period of two years from ratification of the prohibition order.
 


Section 2.
Lapse of the Environment Permit for the parcelling of land


Article 102.

§1.
An Environment Permit for the parcelling of land whereby no new roads are constructed or the route of existing municipal roads does not need to be changed, widened or eliminated shall lapse ipso jure if:

the sale, lease for more than nine years or establishment of a leasehold or building lease in respect of at least one third of the parcels has not been registered within a period of five years from the issue of the definitive Environment Permit;
such registration of at least two thirds of the parcels has not taken place within a period of ten years from the issue of the definitive Environment Permit.

 
For the application of subparagraph 1:

the following shall be equated with sale: the division of estate and donation, on the understanding that just one parcel per partner or beneficiary shall be eligible;
the sale, lease for more than nine years or establishment of a leasehold or building lease of the parcelling as a whole shall be ineligible;
only rental that is aimed at allowing the tenant to build on the leased property shall be eligible.

  
For the application of subparagraph 1, temporary building by the parceller in accordance with the Environment Permit for the parcelling of land shall be equated with sale.

§2.
An Environment Permit for the parcelling of land whereby new roads are constructed or the route of existing municipal roads is changed, widened or eliminated shall lapse ipso jure if:

the charges to be executed immediately have not been delivered or guarantees relating to the execution of these charges have not been provided in the manner stated in article 75 within a period of five years from the issue of the definitive Environment Permit;
registration of the legal transactions stated in paragraph 1 has not taken place in respect of at least one third of the parcels within a period of ten years from the issue of the definitive Environment Permit;
registration of the legal transactions stated in paragraph 1 has not taken place in respect of at least two thirds of the parcels within a period of fifteen years from the issue of the definitive Environment Permit.


For the application of subparagraph 1, temporary building by the parceller in accordance with the Environment Permit for the parcelling of land shall be equated with sale.

§3.

If the Environment Permit for the parcelling of land expressly mentions the different phases of the parcelling project, the time limits for lapsing stated in paragraphs 1 to 2 inclusive shall be calculated per phase. For the second and subsequent phases, the time limits for lapsing shall therefore be calculated from the start date of the phase in question.

§4.

The lapse stated in paragraph 1 and 2, 2° and 3° shall only apply with respect to that part of the parcelling that has not been built on, sold, leased or subjected to a leasehold or building lease.

§5.

Without prejudice to paragraph 4, an automatic lapse cannot be invoked vis-à-vis persons who avail themselves of the Environment Permit for the parcelling of land if they can demonstrate that, after the lapse and in relation to one or more of their parcels within the parcelling, the authority allowed changes to this Environment Permit or granted urban development or building permits or urban development certificates, insofar as these were not found to be unlawful by the higher authority or the courts.

§6.

The Government of Flanders can take measures in relation to notification of automatic lapses.

 


Article 103. Translation not available

Section 3.
Surrender of the Environment Permit for the parcelling of land


Article 104.

A parceller can unilaterally surrender the rights he has acquired from the Environment Permit for the parcelling of land, unless the execution of this Environment Permit has already begun, either by performing one or more legal transactions stated in article 102, § 1 or by carrying out works to which the issue of the Environment Permit is linked. The entire Environment Permit for the parcelling of land can be waived by the owner who has acquired all parcels or, if all owners agree, regardless of whether this Environment Permit has been wholly or partially realised. The board of Mayor and Aldermen shall be notified of a waiver by secured consignment.