Case 2010 Belgium

Belgium (Flemish region) – Response to Case 2010

1. Is there legislation concerning highways, streets and railroad, tram and metro transportation lines? What is the procedure in that legislation and does it contain documents as planning tools and what body is responsible for this planning?

• Legal framework – General legislation
o First of all spatial planning is needed. All roads should fit in the spatial plan of the region. This spatial plan is seen as a policy document providing a framework for the spatial structure of the region in the long term. It attempts to harmonize the preparation, the finding and implementation of decisions concerning spatial planning.
o In accordance with this spatial plan the Department of Mobility and Public Constructions – as part of the Flemish Government- supports the authorized minister(s) and contributes by delivering expertise in terms of mobility, road safety , investments, management and exploitation of transport and harbor infrastructure

• Procedure:
o VCRO – Flemish code for Urban Planning (http://www.ruimtelijkeordening.be/)
o First of all a spatial plan is needed as described above
o Public participation is guaranteed by public inquiry
o The Flemish government needs to deliver a building permit
o The acquisition: amicable if possible/expropriation/based on the Law of 26 July 1962 concerning expropriation in public interest and the concessions for the building of motorways

• Body responsible for planning:
o Depends on level of action (regional, provincial or roads at municipality level)
o In Flanders in general: The Flemish Government (more specifically the Department of Mobility and Public Constructions)

2. How do roads and rails comply with land use planning of a region and of a municipality?

Belgium, as a small and densely populated country, faces many challenges in order to meet a sustainable spatial planning of high quality, taking into account the spatial carrying capacity. Roads and rails should comply with land use planning of a region and of a municipality. Road and railway plans should fit in the spatial plan of the regions, provinces and municipalities.

Example: Guarantee the possible developments for a high speed train station in Antwerp in the spatial plans of the region

3. What is the role of a single municipality and it´s needs in these matters?

A single municipality’s role is inferior in these matters. They are only entitled to give advice. However, the role of municipalities is recognized, since they are in closer connection with the citizens and their needs. Using political pressure can weigh on a region’s policy: one might think of the recent referendum through which the people of Antwerp got to vote on the controversial Lange Wapper project to close the Antwerp ring. The people were asked to choose between two projects – a combination of tunnel and viaduct (the Lange Wapper) close to the city centre, or a tunnel running from the left bank of the river Scheldt to Ekeren, which takes traffic away from the centre of town. The result of this referendum was not binding, the final choice rested with the Flemish government who decided in favor of a (more expensive) tunnel – in line with the outcome of the referendum.

4. How is public participation organized?

Public participation is guaranteed throughout public inquiry. During a certain period of time, citizens are given the possibility to comment, to raise objections or to give advice concerning the spatial plan at stake. In addition one can think of the above mentioned example of direct democracy via referenda.

Example: At the time of writing, a public inquiry is held on a regional spatial plan concerning railway infrastructure and a nature reserve in a Flemish municipality. A period of almost 2 months (09/08/2010 – 07/10/2010) should give citizens the possibility to get informed (consultation of the plan at the city hall) and to express their opinions. Afterwards the results are studied by Vlacoro and delivered to the Flemish Government through a motivated advice.