L’évolution du droit de l’urbanisme en Belgique en 1998-1999

Abstract

In legislative terms, the period between 1998 and 1999 was marked by the entry into force on 1 March 1998 of the new Walloon Code for regional development, town planning and heritage, with two amendments, in particular in transitional law, in July 1998 and May 1999.Furthermore, the decree of 11 March 1999 on environment permits includes an innovative chapter introducing a system of single permits serving as both town planning and environment permits authorising the use of listed installations. However, this decree is not expected to come into force before 1 January 2001. In addition, on 27 May 1999 the Walloon Government adopted the regional spatial development perspective, known as the SDER (schéma de développement de l’espace regional) along the lines of the European Spatial Development Perspective, the ESDP, adopted by the European Union in May 1999In the Brussels-Capital Region, this period was marked by the incorporation of the legislation on the assessment of effects, from the point of view of town planning, in the organic legislation on planning and town planning. Moreover, the Brussels legislator tackled the thorny issue of the hierarchy in town planning projects further, in particular, to the jurisprudence of the Council of State.Again in the area of planning, the Government of the Brussels-Capital Region is currently drawing up a new regional land use plan for the whole of the Region. Finally, as regards the Flemish Region, this period was marked chiefly by the adoption of the decree of 18 May 1999 on the organisation of regional development. This involves new organic legislation on regional development and town planning which will in principle enter into force in the Flemish Region on 1 May 2000.