Brussels Environment authorizes Vivaqua to backfill Fond'Roy Park in Uccle

Brussels Environment has granted Vivaqua a derogation from the prohibitions of the designation decree for the Natura 2000 site BE1000002 in order to carry out safety backfilling works at station II.10 “Parc Fond’Roy”, in Uccle. The decision was published in the Belgian Official Gazette of October 21, 2026 (No. 240) under reference C − 2026/007640, page 56866. It covers the period from August 16, 2026, to March 30, 2027.

The derogation is based on the ordinance of March 1, 2012, relating to nature conservation, specifically articles 47, § 2, 83, § 1, 1°, 84, and 85, as well as the decree of the Government of the Brussels-Capital Region of September 24, 2015, designating site BE1000002 “Wooded and open areas in the South of the Brussels Region – Verrewinkel – Kinsendael complex”, known as the “SCI 2 designation decree”. The request was submitted on July 1, 2026, by Vivaqua (Cooperative Society), registered in the Crossroads Bank for Enterprises under number BE 0202.962.701 and duly represented by Tom Adam.

Subsidence along the reservoir pipelines

The file concerns subsidence observed along the discharge pipelines of the Uccle reservoir, located at avenue des Églantiers 41 in 1180 Uccle, on the side of the Vieille rue du Moulin. The targeted area, station II.10 named “Parc Fond’Roy” (Vronerodepark in Dutch), is entirely included within the perimeter of the Natura 2000 site.

Brussels Environment considers that the planned works, given their nature, limited footprint, and the specific conditions imposed, do not compromise the maintenance or restoration to a favorable conservation status of the species and habitats concerned. The administration justifies its decision based on imperative reasons of overriding public interest, including social or economic nature: backfilling is deemed indispensable to prevent any risk of degradation, rupture, or malfunction of the water pipes and thus guarantee the continuity of an essential water supply service. It considers that no other satisfactory solution exists to eliminate these risks without intervening in the site.

Two prohibitions lifted, under strict conditions

The decision waives two prohibitions from the SCI 2 decree:

• Article 12, § 1, 1°, which prohibits the picking, uprooting, damaging, or destroying of native plant species, including bryophytes, fungi, and lichens, as well as the destruction, degradation, or modification of the vegetation cover;
• Article 12, § 1, 10°, which prohibits driving or parking motorized vehicles in natural habitats of community and regional interest, except for service vehicles or those responsible for maintenance.

The authorization is individual, personal, and non-transferable, and must be available for presentation during any inspection. It is subject to a series of conditions:

• no work during the nesting period, from April 1st to August 15th;
• site huts, machinery, and materials kept outside the park, with the exception of the crawler crane and the dumper, installed only after prior agreement from the manager, in a location validated by staking and placed on road plates;
• refueling outside the park and access via the double gate of the Vieille rue du Moulin;
• precise delimitation by staking of passage, excavation, and storage zones before commencement;
• no maneuvers authorized under the charme (hornbeam) bearing number 863, with a zone reserved at the foot of the willow number 989;
• correction of the ground level using a load of hardwood mulch, which must also be covered with road plates;
• compliance with the Code of Good Practice relating to excavated earth and aggregates, in accordance with the ordinance of March 5, 2009, on polluted soils, including a technical report on the imported soil.

Brussels Environment is responsible for the necessary interventions on the vegetation to allow the passage of machinery and must receive the results of the work, so that subsequent stages do not have a negative impact on the station.

Inspection, photographic report, and appeals

The regional administration is authorized to monitor compliance with the conditions and to declare that they have been met. Vivaqua must submit a photographic report of the situation after the works, within three months from the complete implementation of the granted derogation.

An appeal may be lodged with the Environment College, Mont des Arts 10-13, 1000 Brussels, in accordance with Article 89, § 1, of the ordinance, within thirty days from the receipt of the decision, by registered letter. Any interested party may furthermore file a complaint free of charge with the Brussels Mediator. The decision is signed by Barbara Dewulf, Deputy Director General, and Marie-Pierre Fauconnier, Director General.

For the residents of Uccle living near the Fond’Roy park, the impact is twofold: the construction site remains restricted to a window outside the nesting period and to a limited number of machines, while the repair of the embankment aims to eliminate the risk of rupture of the pipes supplying the reservoir. The schedule runs until March 30, 2027, beyond which any intervention on the site must be subject to a new authorization.

Source: Belgian Official Gazette (Moniteur belge) No. 240 of October 21, 2026, reference C − 2026/007640, p. 56866.