Step by step to the green light: the environmental permit under the microscope

Setting up a new building project, operating a business, parcelling out land, renovating or reallocating a house, office or industrial site... In principle, anyone wishing to carry out a project as an entrepreneur or as a private individual must apply for an environmental permit. A legal hussle that can take a lot of doing these days, especially in view of the long, uncertain application procedures. NOMA partner Gregory Vermaercke developed his passion for agricultural and environmental law even before his university years, as a job student in an agricultural company. Today, decades of legal experience later, he and his specialised team of lawyers assist government and environment clients with their issues on environmental law in the broadest sense.

Applicant, government and environment as key stakeholders of the environmental permit

Besides an interplay of legislation, the number of stakeholders in a classic application procedure also runs high. Broadly speaking, there are three central stakeholders: the applicant, the competent authority and the neighbourhood or local area. Gregory explains:

"The applicant can be either a company or a private individual, often accompanied by his or her team of experts. This may be a technical office, an architect, an environmental or EPC expert... As a lawyer, we are also part of this team and support the applicant in the legal aspect. Then there is the government, which makes the final decision on the application file. What we mean by government should be interpreted broadly, including the various administrations and specialised advisory bodies. Finally, there is the neighbourhood, ranging from the immediate neighbours to the wider area. Especially in recent years, we see this third stakeholder becoming more important. Every project has to be supported in some way by its surroundings. If there is insufficient support, that is a crucial limiting factor today."

NOMA, specialist team of environmental law lawyers from the start of the application

Although the duration and outcome of an environmental permit procedure cannot be predicted, the successful outcome stands or falls with a correct application file. In doing so, NOMA prefers to be at the legal drawing board as early as possible. "Every professional has his field of activity. Just as the architect designs a high-quality plan, it is our expertise to follow legislation, case law and procedure to the letter and adjust where necessary. The earlier we are involved in this process, the more precisely we can submit the application and thus hedge potential risks."

The focus is therefore on preventive advice, although unfortunately proceedings cannot be ruled out. "Even then, we advise and assist clients. What advice comes in? Are objections raised during the public enquiry? How can we accommodate any dissatisfaction? Entrepreneurs do not benefit from lengthy proceedings, but want an efficient and pragmatic solution. Mediation is the key here to move the project forward from a win-win perspective. In addition, we follow the literature closely, play fast and apply new case law, for example, immediately in a case." A personal and positive approach, in which our lawyers actively dare to assist, is paramount. "Everything hinges on specialisation. At NOMA, we have a very deep knowledge of environmental law that we translate into concrete advice tailored to each client. In this way, we provide a capstone that entrepreneurs and public authorities can really use."