Uplace environmental permit suspended by Council of State

In 2011, Uplace – planned for Machelen, just outside the northern portion of the Brussels ring in Flemish Brabant – applied for an environmental permit, which was refused by the province. The company appealed to Flemish minister Joke Schauvliege, who approved the permit. 

The Council of State struck that decision down in 2015. A new application for a 20-year permit was approved in June of last year.

However, opposition to the project – from the cities of Leuven and Vilvoorde to employers’ organisation Unizo to mobility experts – has been so great the Council of State was once again invoked. The Council is tasked with scrutinising decisions of governments at all levels.

The Council, bypassing the advice of its own auditor, said it was important to take into account changes that may have taken place since the original application was submitted. Not doing so could pose a threat to investors, so a new application needs to be submitted, according to the court.

“It is impossible to understand how the Council could follow its own auditor’s advice in the case of Docks Bruxsel, but not in the case of Uplace,” said Uplace CEO Bart Verhaeghe in a reaction to the ruling. The ruling, he said, was “weakly argued” and ignored the positive response of the Flemish environment ministry.

Photo: Rendering of Uplace, planned for just next to the Brussels ring in Machelen