Belgian Council of State annuls the Regional Spatial Implementation Plan Uplace (again)
The supreme administrative court has, at the request of the public limited company Alcovil and three environmental associations, annulled the Regional Spatial Implementation Plan (RSIP) as laid down in 2016.
The Belgian Council of State notes that, in comparison with the RSIP of 2011, the planning regulations of the RSIP of 2016 (the contested RSIP) bring about a substantial increase in trade area.
The planning government assumed that the planning regulations of the contested RSIP impose a substantial reduction of the permitted trade area while, in fact, they allow for a substantial increase in trade area. This is inconsistent with the information notes of the contested RSIP, in which it was argued that, in comparison with the RSIP of 2011, a reduction of the permissible trade area is implemented.
In the judgement, it is also established that the site of the public limited company Alcovil is subjected to legally uncertain planning regulations. Since the legislative planning regulations of the contested RSIP have the reverse effect of what was the intention, according to the information notes, it does not appear that the planning government has been very conscientious.
In addition, according to the Celgian Council of State, the decision to not impose a tram line is not justified. The tram connection is indeed a necessary condition to ensure, among other things, a reduction of car traffic in the area.
Therefore, it was considered that the planning government has, in the determination of the contested RSIP, violated the material justification principle and the precautionary principle.
See: Council of State, 22 December 2017, no. 240.302
Associated areas of specialisation: Proprety and urban planning