The Court of Justice of the European Union has ruled that Walloon authorities should have considered public participation rules under the Aarhus Convention before extending a permit for a 10-turbine wind farm in Leuze-en-Hainaut.
The ruling, issued on Thursday, came in response to questions from Belgium’s Council of State, which had been asked to examine the case after a local resident challenged the decision.
The resident disputed the 10-year extension of the single permit allowing the construction and operation of the wind farm. The extension was granted without a prior public inquiry, in line with the Belgian legislation governing the procedure.
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Belgium’s Council of State asked the EU court whether such an extension should have been subject to the Aarhus Convention, which sets rules on public participation in environmental decision-making.
The EU court said it should. It held that the duration of an authorisation is one of the conditions governing an activity and that extending it changes the terms under which that activity may continue.
As a result, the court said, such a decision falls within the Aarhus Convention rules on public participation.
The judges said this interpretation was consistent with the convention’s purpose. They noted that both the technology used and the surrounding environment can change over time, meaning the conditions for continuing an activity may need to be reviewed once the original authorisation expires.
The court added that national legislation cannot generally exclude all public participation when an authorisation covered by the Aarhus Convention is extended.
It said, however, that it remains for the national court to determine, in light of the specific circumstances of the case, whether public participation is required.
