Stupefying ruling Council of State concerning environmental permit Uplace is mockery of legal security
This morning, the 7th Chamber of the Council of State suspended the environmental permit of Uplace. Uplace considers this arrest as inconceivable. The arrest of the Council of State concerning the request for suspension rules against the advice of the auditor of that same Council of State, and deviates - not for the first time in this matter - from the established jurisdiction of the Council.
“It’s unthinkable that in the identical case of Docks Bruxsel the 7th Chamber does follow the established jurisdiction, and again deviates for Uplace”, says Bart Verhaeghe, president of Uplace. “With an exceptional weak motivated ruling, the 7th Chamber ignores the advice of the auditor, the jurisdiction from the Dockx-ruling and above all, the unanimous positive advice of the highest Flemish environmental council (GMVC). As an entrepreneur, I am shocked that this is still possible in a state based on justice and integrity.”
Uplace now analyses the arrest and will consult the Flemish Government. The urban planning permit, the trade premises permit and the building permit remain of course applicable. Together with the Flemish Government, Uplace will thus work on a solution for the suspension of the environmental permit.