Environmental law and planning

The growing importance of a healthy environment and liveable areas, result in ever complex regulations. Enterprises and private individuals seek to contribute to a better life and living environment, but sometimes get caught up in a legal tangle. The extensive experience of Schuermans advocaten helps enterprises, farmers and horticulturists, local authorities and private individuals to realize their projects and goals, with respect for the current regulations and norms.

Our practice includes, among others, assistance in the context of:

  • environmental permits
  • planning permits
  • planning
  • planning certificates
  • recovery claims
  • cease and desist orders
  • soil- and other contamination
  • nature conservation
  • environmental taxes
  • vacancy charges
  • administrative procedures before local, regional and federal government agencies, as well as before the Council of State, other administrative courts and the Constitutional Court
  • civil and criminal liability of obstructive establishments.

Examples

Undo the suspension by the province of an environmental permit for a biogas installation by an appeal to the Minister competent for environment.

Successful procedure for a municipality in the Flemish peripheral region in annulment of the Flemish Strategic Plan for Brussels: the Council of State overturned several sub-plans of the spatial implementation plan.

Disputing a refusal to renew and extend the existing environmental permit for a livestock farm in the Campine by the Minister competent for environment. The refusal decision was challenged before the Council of State and finally overruled. The Minister subsequently did award the permit. A substantial compensation was obtained due to the initial incorrect refusal of the environmental permit.

A dispute concerning the legality of the operations of a garden centre in the Campine.

Successful opposition procedures against various charges for vacancy and neglect of (residential) buildings.