Décision judiciaire de Raad van State, 14 septembre 2021
Date de Résolution | 14 septembre 2021 |
Juridiction | Nietigverklaring |
Nature | Arrest |
De termen "plan of programma" in art. 36ter, § 3, eerste lid, van het natuurdecreet wordt te dezen bepaald door art. 2, 40°, van het natuurdecreet en niet door de artt. 4.1.1, § 1, 4°, en 4.2.1 van het DABM. Bij de voorbereiding van het bestreden besluit diende de verwerende partij te onderzoeken of dit besluit een betekenisvolle aantasting van de natuurlijke kenmerken van (de betrokken deelzone van) het habitatrichtlijngebied kan veroorzaken. Krachtens art. 36ter, § 1, tweede lid, 2°, van het natuurdecreet, was de verwerende partij bij dit onderzoek gebonden door de in het besluit van 23 april 2014 vastgestelde instandhoudingsdoelstellingen. Het bestreden besluit legt de verplichting op om het bestaande landschap te bewaren, waardoor het omzetten van open landschap in bos en van boslandschap in grasland, hetgeen door de ANB strijdig werd geacht met de vastgestelde instandhoudingsdoelstellingen. De verwerende partij kan...
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