Court rules Foire du Midi not exempt from noise regulations

Belgium's Council of State has ruled that Brussels’ Foire du Midi funfair is not exempt from noise regulations and that mayors cannot introduce an exemption.

Brussels mayor Philippe Close (PS) granted an exception to noise standards last year, keeping the limit at 85 decibels but adjusting the rules on the timing of the emitted noise, allowing the Foire du Midi to run after midnight.

The decision met with backlash from some local residents, who summarised that it meant “six weeks of noise until after midnight, in the middle of summer” and took the matter to the Council of State.

The City of Brussels again claimed an exemption to noise standards this year but the recent ruling declared that the noise from the fair poses health risks to local residents. An exception would also be too broad, as it overrides the regional environmental noise decree.

The ruling states, among other things, that the mayor is not authorised to grant the exception and such exceptions cannot be allowed in the future.

The court did not, however, grant the residents the penalty payments they were demanding.

Close's cabinet responded that the city will abide by the Council of State's ruling, but a spokesperson added: “The information on the Brussels Environment website regarding the exceptions to the noise standards is therefore not in line with reality. These instructions were also given to us several times by minister Alain Maron.”

The cabinet therefore calls “on Brussels Environment to inform the municipalities and organisers of events with amplified noise that mayors cannot demand a derogation from the noise standards”.

Apart from the noise pollution for residents, however, others have complained about the fair’s effects on business. An architectural firm involved in the appeal said it was difficult for its staff to concentrate and to organise meetings in person or by videoconference.