Uplace environmental permit overturned

The Council of State yesterday overturned the environmental permit granted to the controversial shopping and leisure centre Uplace, planned for construction in Machelen near Brussels, close to the Vilvoorde viaduct. It argued that the principle of impartiality had been breached. Flemish environment minister Joke Schauvliege has denied bias in granting the permit.                                                                                                      

The government, the court ruled, had granted Uplace a permit in advance, by signing with the company a “brownfield covenant” under which Uplace would clean up a former industrial site on the land the shopping centre will occupy.

The conditions contained in that promise were in breach of the brownfield decree, gave an appearance of partiality and deprived opponents of the project of the right to object, the Council of State said.

Schauvliege granted the permit after the province of Flemish Brabant had refused to issue one. However, in a statement she said she had done so “without the slightest bias, in complete objectivity and on the basis of the available advice”. She will now study the ruling to determine what is to be done next.

The Council of State also said it was not clear how the Flemish government could provide the necessary mobility arrangements in time for the construction of Uplace. The ruling was welcomed by groups who oppose the arrival of the 32,000-square metre complex.

Unizo, the organisation that represents the self-employed, said it was “pleased” with the ruling against Uplace, which it said would be “an attack on commercial centres all around and on the self-employed business people established there”.

Hans Bonte, mayor of Vilvoorde, who was also one of the opponents of the scheme, said the ruling was “an important decision for mobility in our country and for the viability of the commercial centre of Vilvoorde in particular”.

Tom Dehaene, son of the late former prime minister Jean-Luc and a member of the provincial council that originally turned down Uplace’s request for a permit, said its decision had been based on mobility. “As a province we stressed the enormous problem the arrival of Uplace would entail for mobility. Not only would the problems of the Ring be aggravated, but side roads all around would also suffer. The Council of State has proved the province of Flemish Brabant correct in this instance.”

The decision would also be good for air quality, according to Erik Grietens of the environmental organisation Bond Beter Leefmilieu. It also meant the virtual end of the brownfield covenant. “If they want to go ahead with the project, it won’t be enough to simply apply for a new environmental permit,” he said. “It looks as if a whole new brownfield covenant will have to be organised.”

Machelen mayor Jean-Pierre De Groef was disappointed by the ruling, though. “It’s a great pity this had to happen after six long years of procedures,” he said. “I’m afraid it’s becoming more and more difficult to set up anything in this country. We’re talking about 3,000 jobs and an enormous amount of economy activity which has now been closed down. Yes, I’m extremely disappointed.”

Photo courtesy Uplace