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Planning and Environment

Lydian’s Planning and Environment Practice fields a dynamic team with a ‘proactive and can-do mentality’ that is highly active in the three Belgian Regions (Flanders, Brussels and Wallonia) in all matters related to environmental and urban planning law (including – but not limited to – legal assistance in complex permitting files, zoning, biodiversity and nature, contaminated properties (soil pollution, pfas, asbestos…) and waste management questions). Our practice is well-regarded for its environmental litigation and enforcement expertise, with a particular focus on urban planning/environmental infringement actions and urban planning/environmental criminal proceedings.

What particularly sets Lydian’s Planning and Environment Practice apart from other Belgian law firms specialising in environmental and urban planning law is its constant drive and curiosity for new developments in this field.

Lydian's local presence as a business law firm makes us an attractive choice as a legal advisor in the field of environment and urban planning for large national and international companies that are looking for a local partner. Our strength lies within our good cooperation with different leading Belgian engineering and architectural bureaus, as well as with diverse governmental urban planning/environmental bodies.

Our practice deals with a wide range of environmental, urban planning and energy law issues in the three Regions (Brussels, Flanders, Wallonia).

Lydian has extensive and in-depth expertise in various issues relating to environmental and urban planning law.

 

Overview

Please find below an overview of the core areas of specialisation of Lydian’s Planning and Environment Practice, active in the three Belgian regions (Brussels, Flanders and Wallonia):

  • Assistance in complex (environmental as well as building) permitting applications in close collaboration with all actors involved (i.e. the permitting authorities, advisory bodies, environmental impact assessment bureaus);
  • Zoning and development – legal aspects related to urban planning processes;
  • Biodiversity and natural resources (nitrogen);
  • Waste management;
  • Contaminated properties (e.g. soil pollution, asbestos, PFAS, brownfield projects);
  • Environmental risk allocation analysis in corporate, financing and real estate documents;
  • PFI/PPP projects in the water sector;
  • Appointment and management of environmental experts;
  • Sustainable development, ESG and circular economy;
  • Climate change and adaptation;
  • Regulatory enforcement and dispute resolution relating to environmental/building permitting issues (before both the general and administrative courts, such as the Council of State  and the Flemish Council for Permit Disputes, as well as before administrative appeal bodies).

 

The size of Lydian’s Planning and Environment team enables us to assemble bespoke teams to deliver comprehensive solutions tailored to your needs. Our collaborative approach – as being a full service firm on the one hand and, given our interdisciplinary collaborations with other experts within our firm – ensures that you receive personalized solutions, solidifying our position as lawyers in cases where urban planning and environmental law meets other areas of law, such as finance/corporate/real estate law. 

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Focus areas

Our environmental lawyers have extensive expertise in handling complex environmental issues and/or challenges, including matters related to:

  • Permits (with as specific focus on issues pertaining to legal environmental assessments of permit applications in close cooperation with leading engineering consultants);
  • Assessing legal aspects within the framework of environmental impact assessments;
  • The regulation of products;
  • (Hazardous) waste management;
  • Biodiversity and natural resources (nitrogen);
  • Contaminated properties (soil pollution, pfas, asbestos, brownfield projects…);
  • Environmental risk allocation mechanisms in corporate, lending and property documentation;
  • Property transactions and PFI/PPP projects in the water, waste and wastewater fields – “water-as-a-service”-projects;
  • Appointing and dealing with environmental consultants;
  • Sustainable development, ESG, and circular economy;
  • Climate change and adaptation; and
  • Regulatory enforcement and dispute resolution relating to environmental matters (before both the general and administrative courts and appeal bodies).

We provide our clients with clear planning advice and legal assistance with respect to permitting and planning processes, as well as in administrative and jurisdictional proceedings related thereto.

Typical schemes include:

  • Analysis of the impact of land use and zoning possibilities;
  • Assistance in the context of complex permitting procedures (proactive analysis of permit requests in close collaboration with all actors involved - i.e. the permitting authorities, advisory bodies, environmental impact assessment bureaus);
  • Legal aspects pertaining to urban planning and urban design;
  • Legal support within the regeneration of brownfield development sites;
  • Support in cases of expropriation; 
  • Representation in enforcement proceedings for urban planning infringements and/or crimes;
  • Legal assistance in administrative and jurisdictional proceedings relating to permits/planning instruments (e.g. before both the general and administrative courts – e.g. Council of State, Council for Permit Disputes – and administrative appeal bodies)