Tessenderlo (Brussels Morning Newspaper) – The Kolmenveld project in Tessenderlo-Ham faces delays after the Constitutional Court ruling. Municipal and provincial approvals are under review. Developers AP&D and Liburni await guidance, with Minister Jo Brons involved.
As VRT News reported, the Kolmenveld project in Tessenderlo-Ham, in the province of Limburg, Belgium, is now facing a delay after a recent ruling by the Constitutional Court. The court said that municipalities and provinces cannot approve their own construction projects if an environmental assessment is needed. Officials warned that allowing this could create a conflict of interest.
The Kolmenveld site has long been planned as a place for new housing, a residential care centre, and a cultural facility. The municipality says the project will help meet housing needs and improve local services. However, residents and a local action committee have opposed the plan for years. They argue that building on Kolmenveld would destroy one of the last green spaces in the town centre.
What will happen to the Kolmenveld project in Tessenderlo after the court ruling?
In response to the court ruling, Flemish Minister Jo Brons (CD&V) proposed changes to how construction projects are approved. According to Dirk Camps of the action committee, the case now needs to go back to the drawing board:
“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 new rule that requires construction project approvals to be handled at a higher level applies to both ongoing and future projects. Projects that have already been approved are not included under this rule. This distinction is a key issue for the Kolmenveld project in Tessenderlo.
The site has already received approval from the municipality and later from the province. However, the project’s appeal has been pending for a long time at the Council for Electoral Disputes.
Alderman Stefan Govaerts (CD&V) said the municipality has already asked for legal advice and is waiting for a response.
“We need clarity on whether the earlier decisions still stand under the new rules,”
he said. The outcome of the legal advice will determine the next steps for the Kolmenveld project. Until then, the project remains in limbo, leaving local authorities and residents unsure about its future.
The Kolmenveld project in Tessenderlo has faced legal hurdles since it was first planned. In 2015, the municipal council approved a Regional Spatial Planning plan for the area, designating it for housing and public facilities. On June 29, 2023, the province granted an environmental permit to the developers, AP&D and Liburni.
