Together we vanquish
On the Heikantberg in Rotselaar, a plot of 4 hectares of old and valuable forest has been the subject of a long legal battle for almost 3 years. This so-called 'Ferraris forest' was once part of a large and important forest complex, but a designation as a residential park has ensured that the forest has been gradually parceled out in recent decades. When an umpteenth subdivision application in 2020 also put the last large forest plot on the chopping block, local residents sounded the alarm. Their protest received the support of nature organizations BOS+, Natuurpunt, Greenpeace and BBL, and the municipality itself also spoke out against the allotment. After various (appeal) procedures and years of legal battle, the province of Flemish Brabant also eventually refused the allotment. An important victory for nature associations, who see the battle in Rotselaar as a cry for help for a much-needed and urgent protection of our forests outside the zone.
Together on the barricades the saga in Rotselaar began in 2020. When a subdivision application was submitted for 9 residential units on 4.1 hectares of remaining forest in the otherwise divided residential park, a wave of protest arose that resulted in the establishment of the action group Semper Ferraris. “How can you explain today that a unique forest area is being sacrificed for a few new housing units that you can count on two hands?” they wonder. “That the interests of citizens and the environment should give way to private and purely financial benefits of only a few, is unacceptable to us.” After an initial public inquiry in which more than 370 objections were collected, and the Agency for Nature and Forest, among others, issued a negative advice, the municipality of Rotselaar decided not to grant the permit, but after an appeal procedure it came to the province, which, understandably, stopped it. Three times local residents, BOS+, Natuurpunt and the municipality of Rotselaar then went to the Council for Permit Disputes, and won their battle. The permit was revoked again and the verdict sent a strong signal: nature value must also be taken seriously in hard zoning. But even that was not the end of the argument. After a few minor changes - the allotment would only allow stilt houses to protect the forest floor - the file was resubmitted to the province, and the whole procedure started all over again. This time the provincial government would follow the now 550 objections, and the allotment plans were relegated to the rubbish bin a third time. The activists on the Heikantberg hope that this will also bring sustainable protection one step closer.
Symbolic file
The endangered forest was mapped in 2016 as part of the Most Vulnerable Valuable Forests in Flanders (MKWB). It was once part of a much larger forest complex, and can already be found on the almost 250 year old Ferraris maps. These are old forests that are irreplaceable and of great ecological importance. Only 13% of the Flemish forests are 'Ferraris forests'. But even though they are scarce, they are still disappearing at a rapid rate. Unfortunately, the protection of these forests is not enshrined in law.
Just like the Heikantberg in Rotselaar, many old and valuable forests were 'destined' for housing or industry when the regional plans were drawn up in the 1970s. This gave owners building rights that they are still trying to cash in on today. The legal battle surrounding the forest in Rotselaar therefore symbolizes the careless way in which we still treat our most ecologically valuable forests, warn environmental organizations BOS+, Greenpeace, Natuurpunt and BBL.
The long road to forest protection “Unfortunately, the problems that this application exposes in Rotselaar are widespread.” explains Laure De Vroey, policy officer at BOS+. “The outdated regional zoning plans and the ample permit options for owners exposes even our oldest and most valuable forests to an unbridled construction and allotment frenzy. As long as no work is done on a comprehensive protection of our forests outside the zone, the annihilation of the Flemish forest area will continue unabated.” Ronald Jacobs of Natuurpunt Oost-Brabant confirms: “There is still a lot of work to be done. In our region too, we still see permits that are impossible to justify on an almost daily basis: in flood areas, park areas or protected habitats.”
In Flanders, it is possible to apply for almost unlimited subdivision and building permits. It is not the party with the best arguments that wins the case, but the one with the most perseverance or money. For those who act as protector of the forest, the efforts and costs are piling up. “Forests are invaluable, but those who are committed to preserving them in Flanders need a lot of stamina.” concludes Philippe Verbelen, forestry expert at Greenpeace.