An organised administrative appeal can be lodged with the Government of Flanders against the decision of the municipal council on the construction, modification, relocation or closure of a municipal road in the context of a suspensive administrative appeal against the permit decision by the persons or authorities referred to in Article 53. The requirement stated in article 53, second paragraph, also applies to the appeal against the decision of the municipal council.
The appeal will result in the annulment of the contested decision or in the dismissal of the appeal on the grounds that it is inadmissible or unfounded.
Under penalty of inadmissibility, the appeal is submitted with a secured dispatch to the Government of Flanders within a period of thirty days, which starts on:
|1°||the day after the date on which the contested decision is served for those persons or bodies on whom/which the decision is served;|
|2°||the day after the end of the period for making a decision if the Environment Permit is tacitly refused in the first administrative instance;|
|3°||the day after the first day of promulgation of the contested decision in all other cases.|
Under penalty of inadmissibility, the person submitting the appeal simultaneously with the secure dispatch of the appeal to the Government of Flanders, submits a copy of the letter of appeal with a secure dispatch to the Board of the Mayor and Aldermen and to the competent appeal body referred to in Article 52.
The Board of Mayor and Aldermen shall immediately upon receipt of the copy of the appeal, submit the complete file or a copy thereof to the Department of Mobility and Public Works.
The Government of Flanders will take a decision on the appeal within a period of ninety days, starting on the day after receipt of the file stated in paragraph 3. That term is a term of order.
The Government of Flanders immediately informs the person submitting the appeal, the competent authority and the municipality of its decision.
The decision of the municipal council on the construction, modification, relocation or closure of a municipal road can only be quashed:
|1°||due to conflict with the decree of 3 May 2019 on municipal roads|
|2°||due to conflict with the objectives and principles stated in Articles 3 and 4 of the Decree of 3 May 2019 on municipal roads, and, where appropriate, the municipal policy framework and assessment framework, stated in Article 6 of the same decree;|
|3°||due to non-compliance with a substantial form requirement.|