A group of around ten residents living near intensive livestock farms, together with Dryade, is suing the Flemish government for its failing odour policy. The reason? The residents are constantly living in the stench and are suffering serious damage as a result. In October, the residents and Dryade put the Flemish government on notice. There was no response to this notice. Therefore, they are now taking the matter to court.
Flemish government does not respond to notice of default
On 10 October 2023, the residents and Dryade put the Flemish government on notice, requesting that a number of actions be taken by 30 November 2023. This has not happened. The Flemish government has not even responded to the notice of default.
The demands
The residents and Dryade are asking the court to establish that the inadequate protection against odour nuisance constitutes a violation of their fundamental rights, namely the respect for their right to enjoy their home and their right to family life. They demand that the government be ordered to take appropriate measures to address the odour nuisance issue. Furthermore, they also demand compensation.
Dutch government condemned for inadequate odour policy
At the end of 2022, the court in The Hague already condemned the Dutch government for its inadequate odour policy. The court ruled that the Dutch government had failed to establish a fair balance between the conflicting interests of local residents and those of intensive livestock farming. The odour nuisance experienced by local residents constitutes a violation of Article 8 of the European Convention on Human Rights, particularly the respect for their enjoyment of home and their right to family life.
The Flemish odour policy is even more deficient and therefore does not pass the test of the European Convention on Human Rights either.
The Flemish odour policy: soft healers create stinking wounds
In Flanders, the assessment of odour nuisance is based solely on administrative guidelines that are not scientifically substantiated. Furthermore, the Flemish government has assessed (and allowed to be assessed) odour nuisance in the context of permitting for years in a much too lenient manner. The Council of State has reprimanded the Flemish government on this matter in several rulings. Nevertheless, the odour nuisance experienced by many local residents has been systematically underestimated, causing them to live in unacceptable stench for years. It is incomprehensible that the Flemish government still takes no action to intervene in these overloaded situations.
Healthy Air Fund
The procedure is made possible thanks to the support of the Healthy Air Fund, funded by Greenpeace.