The "We Are Nature" circular has finally been adopted!

Purpose of the circular

The circular pursues a twofold objective: to assist the competent authorities in identifying the files concerned and processing permit applications in accordance with the spirit of the judgment, and to clarify the concepts it employs — development, soil sealing, sites, built-up areas, vegetated land — so as to avoid divergent interpretations and ensure equal treatment. 

The circular also reiterates that carbon sinks are not limited to soil alone but encompass all vegetated surfaces (whether in open ground or on a slab) and tree-covered areas, thereby contributing to the territory's overall carbon storage capacity. 

Scope of application

The circular applies exclusively to land and sites exceeding 0.5 hectares. It covers applications for subdivision permits, planning permits and environmental permits (where these entail development or soil sealing), mixed permits, as well as applications for planning and environmental certificates, irrespective of whether the zone is designated for development. It also applies to appeals lodged before the Environmental Board or the Government. 

It applies to applications currently pending and those yet to be submitted, including in cases of withdrawal of authorisation or annulment by the Council of State, and covers any application for which no final decision has been reached by the date of entry into force, without calling into question the vested rights attached to authorisations already issued and not yet lapsed. 

Delimitation methodology and technical perimeter

The area to be taken into account is that of the site where the land falls entirely within its perimeter; failing that, it is the area of the land itself that prevails. 

For any application relating to unbuilt land or a site of at least 0.5 hectares (or comprising at least 0.5 contiguous hectares of unbuilt land), having an impact on soil sealing, vegetated surfaces or tree cover, and not situated within the perimeter of an adopted PAD, the issuing authorities must examine the files in accordance with the applicable regulatory framework and inform applicants of the obligation to supplement their application. 

Additional documents required

For the applications concerned, applicants are required to provide the following additional documents: 

• a specific form (Annex 1) describing, in both the current and projected situation, the imperviousness rate of the site or land, the vegetated and tree-covered areas, the number of trees felled and replanted, the species involved and the mature height of the trees to be replanted;
• for projects listed in Annexes A and B of the CoBAT, and those requiring both a planning permit and an environmental permit: a CBS+ calculation (Biotope Area Ratio), the results of which are to be recorded in the specific form;
• a climate note detailing the measures conducive to the environmental quality of the site or land, the possibilities for offsetting the project's effects on habitats, vegetation, tree cover and soil sealing, and informing the issuing authority of the project's positive climate impact at regional level. 

Assessment criteria and enhanced statement of reasons

The assessment of a project requires a balancing of interests in light of the objectives set out in Articles 2 and 3 of the CoBAT and Article 2 of the Environmental Permits Ordinance, on a case-by-case basis. Without prejudice to existing provisions, any project must contribute to the maintenance and/or improvement of biodiversity and carbon sequestration. 

The existing criteria will be supplemented by: 

• vegetated stormwater management systems (operated in situ, with no discharge except where duly justified);
• the selection and size of the species to be (re)planted;
• the continuity of green spaces;
• the creation of biotopes favourable to wildlife;
• any feature that materially improves the environmental qualities of the land, the site or the Region, as well as the project's purpose of general interest or public utility. 

The statement of reasons accompanying the permit must demonstrate that environmental and climate challenges have been duly taken into account, in balance with the Region's other objectives: economic development, employment, project costs, social considerations, housing and mobility. 

Specific regime for PADs

The judgment makes no mention of the PAD (Priority Development Area Plan), a regulatory instrument of a higher normative rank than those it refers to. These plans are based on in-depth analyses, including environmental impact assessments, and have been subject to public consultation prior to their final adoption. An exemption regime is therefore provided for permit applications falling within the scope of a PAD adopted by the Government. 

Entry into force and transitional nature

The circular enters into force on the day of its publication in the Belgian Official Gazette and will cease to apply upon the consideration by the Council of Ministers of the preliminary draft of the revised PRAS, scheduled for early 2027. The Government may adapt, amend or repeal it as soon as its provisions have been incorporated into other planning instruments. The outcome of the appeal against the judgment of 29 October 2025 may also influence the applicable framework. 

Response from the We Are Nature association

The circular has drawn sharp criticism from the association that brought the proceedings leading to the judgment, which regards it as an attempt to circumvent the court's decision. The association takes the view that, by continuing to issue authorisations in respect of the land concerned, the Region risks increasing the cost of any compensation claims should those permits prove incapable of being carried out. 

We Are Nature has already announced that the circular will be appended to the application for periodic penalty payments already filed before the court, and that Brussels Members of Parliament will be called upon to seek the withdrawal of the text. 

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