Tessenderlo – The Kolmenveld project in Tessenderlo-Ham faces significant delays following a ruling by the Constitutional Court. This decision mandates that municipalities and provinces cannot unilaterally approve construction projects requiring an environmental assessment, raising concerns of potential conflicts of interest, reports 24brussels.
The Constitutional Court’s ruling has prompted a review of municipal and provincial approvals for the Kolmenveld project, which aims to construct new housing, a residential care center, and a cultural facility. Local authorities assert that the project is essential for addressing housing needs and improving community services. However, resident opposition remains strong, with many advocating against the development, citing the destruction of one of the last remaining green spaces in the town center.
In response to the court’s decision, Flemish Minister Jo Brons (CD&V) has suggested modifications to the approval process for construction projects. Dirk Camps, representative of the local action committee, emphasized the necessity of reevaluating the project’s plans:
“We are pleased with the Constitutional Court’s ruling. It’s also a logical decision, because it’s only normal that, as an involved party, you can’t be the judge in a case. So it will be back to square one for the municipality and the project developer; the homework will have to be redone. And I assume that a correct decision will be made, one that takes nature into account.”
The ruling establishes that construction project approvals must occur at a higher governmental level, affecting both existing and upcoming developments. Notably, projects that received prior approval are exempt from this new requirement, thus impacting the Kolmenveld initiative.
Alderman Stefan Govaerts (CD&V) indicated that the municipality has sought legal counsel and is awaiting guidance on the implications of the new ruling.
“We need clarity on whether the earlier decisions still stand under the new rules,”
he stated. The outcome of this legal consultation will dictate the next actions concerning the Kolmenveld project, leaving local authorities and residents in a state of uncertainty.
Since its inception, the Kolmenveld project has encountered various legal challenges. In 2015, the municipal council approved a Regional Spatial Planning plan for the area, designating it for residential and public facilities. Subsequently, on June 29, 2023, the province granted an environmental permit to the developers, AP&D and Liburni.
