The Belgian Council of State has suspended the noise regulations waiver granted by Brussels Mayor Philippe Close to the operators of the Foire du Midi fair.
The supreme administrative court ruled on Wednesday that the mayor was not authorised to grant such a waiver.
Close has accepted the ruling but stressed that, like other mayors, he was merely acting on instructions from Brussels Environment.
Local resident Goedele Desmet, who filed the appeal, celebrated the ruling, expressing hope that the region and local communities would collaborate to find a permanent solution.
Every summer, numerous fairground operators utilise the stretch along the Boulevard du Midi in Brussels and Anderlecht for their activities. While attendees do not complain, some residents and professionals report noise disturbances as a result. These include an architecture firm involved in the appeal, which said the noise made it difficult to concentrate and organise meetings.
The regional law on amplified noise provides safeguards, but these were negated by the mayor’s waiver.
While the Council of State stopped short of granting the plaintiffs the payment of penalties they demanded, it agreed with them on one point: that the mayor is not competent to grant waivers.
Commenting on the decision, Mayor Close said that while local administrations should not be responsible for granting waivers, Brussels Environment does indeed instruct them to do so.
He supported his statement with a document.
