A policy that aims to improve the quality of life of Brussels residents is at risk of not being passed in this legislature, which could seriously postpone measures coming into force.
The future of the reform of the Regional Planning Regulations (RRU), dubbed the Good Living policy, looks to change the approach to planning regulations by laying down certain conditions and necessities for public spaces. Well-balanced green spaces, a clear framework for construction projects and focusing on renovation are among the targets of the bill.
The project, now in the hands of the Brussels Secretary of State for Town Planning Ans Persoons (Vooruit) and developed by her predecessor Pascal Smet, last month came one step closer to completion, when the Brussels Government approved the new version of Good Living – adapted following a wide-ranging consultation process – in the second reading.
On paper, the decree should easily be given the green light, and Persoons hoped the final incarnation could be approved before the summer and would become effective from 1 September 2025. However, last week, it was blocked from final approval in the third reading by Brussels Minister Bernard Clerfayt (Défi).
"We want to keep on working and pursuing policy, in the interest of the people of Brussels," Persoons' cabinet told The Brussels Times. "Unfortunately, it seems that Minister Clerfayt has already started campaigning and does not believe in quality renovations, good student quarters, pleasant wide pedestrian and cycle paths, lit and safe street corners, extra trees for a climate-proof city, and more."
Opinion from the Council of State
The text still has to be reviewed by the Council of State before returning to government, but the court has withdrawn the dossier from its agenda as it has too much work to do, making it impossible to issue an opinion within the deadline set.
Persoons is determined to push the decree through at all costs and considered pushing forward without a prior opinion of the Council of State, as this is considered a necessary win for her party.
Several ministers warned against the risks of validating such an important reform without first obtaining its opinion and it now seems that, in the absence of an opinion from the Council of State, the Brussels Regional Government is unlikely to approve the draft decree. This is also the reason why Clerfayt blocked it, even though, according to Persoons' cabinet, this reasoning is shaky.
Ixelles Ponds in Flagey. Credit: Belga / Laurie Dieffembacq
"In the past two years, no less than 50 government acts of the Brussels government have been approved without an opinion of the Council of State. The text before us is legally solid and the culmination of a very intensive and professional work in which everything was motivated as strongly as legally possible." Her spokesperson argued that it seems he is doing this for "purely electoral reasons".
"If that is the case, it is very unfortunate, because this way he does not respect the coalition agreement." Her cabinet argued that the minister was also contradicting himself, as he gave a second-reading agreement on the text. "The third reading is only about a formal final approval."
'Criticised from all sides'
Now, the likelihood that it will not be passed in this legislation, and will be passed to the next government after the June elections, is increasing, especially as key players in the construction sector have also expressed concerns about the decree, further adding fuel to the fire.
The blocking of the decree was welcomed by the urban think tank and activist group ARAU, which argued that the next government should carry out a thorough review of the project and organise a public enquiry into the new version.
"As a reminder, Good Living has been criticised from all sides, from the voluntary sector to property developers and architects. What all these criticisms have in common is that Good Living is more like a strategic plan, with broad guidelines and general objectives, than a regulation, with clear, objective standards," the organisation said. It warned this would open the door to arbitrariness and speculation.
