Home > Public space > Belgium > 2011-08-16 - Council of State, Murovec, n. 214816

2011-08-16 - Council of State, Murovec, n. 214816

Public space · Belgium · Place of worship

Annulation of a building permit for a place of worship

Key facts of the case - A permit to build a Muslim cultural center was granted by the competent authority but was submitted for judicial review.

Main reasoning of the court - Before the court, the building permit was however withdrawn because the related study on consequences was not motivated. It should be noted that the municipality has the obligation to carry out a social survey about the consequences of the project on traffic, noise, disturbance and so on, in order to require, if needed, a change of the project. In the present case, the municipality had simply stated that the building of a mosque would cause no problem, without addressing the residents’ fears that this project would cause too much traffic in the neighborhood.

See the decision (in French): 2011-08-16 - Council of State, Murovec, n. 214816.