Angels in Paradise
This is a happy-ending story, which is hopefully becoming more than that —a saga— the tale of a regular young guy who loves his country and traditional architecture, who founded an association for the protection of heritage (Communauté Historia) and who single-handedly defeated on judicial ground both the morally corrupt mayor of the town where the mishaps happened, and the Regional Government of Wallonia, in Belgium.
 
Polemicarc is involved in the struggle for beauty and the preservation of European Culture(s) and is very happy to enter the battlefield abreast Virgil Leclercq—that's the name of our hero!
 
 
 
 
 
The bandstand and the town hall in Fosse-la-Ville.
A phase of the demolition, similar to today's state.



Let's start from the latest state of affairs:
 

The Victory Communiqué of the Communauté Historia:

 
The decisions to downgrade and demolish the Fosses-la-Ville kiosk deemed illegal by the Council of State! The Council of State has ruled! By its judgement, handed down on June the 21st 2024, the highest court in our country annulled the decisions taken on May 10th 2022, by which the delegated official had issued a planning permit to the municipality of Fosses-la-Ville, the purpose of which was in particular to regularize the demolition of part of the kiosk, as well as the order taken on September 23rd 2021, by which the Minister of Heritage had decided to cancel the ministerial order classifying the kiosk as a monument and establishing a safety zone including the Place du Marché and the facades of the buildings surrounding it.

These judgements confirm the lack of transparency, listening and consideration by the authorities and the Supervisory Minister towards the people who had mobilized to save it. They highlight the lack of good administration, transparency and formal motivation in the actions that were taken. As a reminder: Built in 1937, the Fosses-la-Ville Bandstand was listed in 1998 due to its architectural qualities, its historical interest and its rarity in the province of Namur. However, in January 2020, the mayor issued a police order prohibiting access to the bandstand for security reasons.

In the process, the latter ordered its demolition. However, in February 2020, a meeting concluded that the demolition should not take place and recommendations were made for the taking of conservative measures and the preparation of a restoration file. Despite this, part of the building was dismantled and another part demolished. In September 2020, the Minister of Heritage began the procedure for delisting, despite complaints and an unfavourable opinion from theRoyal Commission on Monuments, Sites and Excavations. In September 2021, the kiosk was officially delisted.
In this case, the Council of State considered that the decisions taken by both the Minister and the Delegated Official were not justified and that in particular, concerning the declassification, the competent authority had made a mistake when it assessed the reduction in the historical and cultural interest of the bandstand independently of the technical possibility of rebuilding it while guaranteeing its authenticity. We also hold responsible for this situation the local authorities who took decisions that from the outset raised questions in terms of legality and local democracy.

On the basis of the judgements rendered, we ask the municipal authorities, the AWAP and Minister De Bue to do everything possible to begin the reconstruction of the bandstand as soon as possible. The reconstruction is realistic insofar as the know-how is still existing and some of the elements, dismantled during its demolition, have been stored in the municipal service buildings.In this context, we are applying for the municipal authorities to form a heritage group responsible for ensuring its reconstruction. However, we draw the attention of the municipal authorities to the fact that other procedures will be initiated if they validate one of the items on the agenda of the municipal council of June 24; namely the demolition of the base of the kiosk.

The same will apply if a new declassification order were to be issued in the coming days by the Minister concerned.In this regard, given the heritage and political stakes, we propose to the Minister to refer the matter to the new Royal Commission on Monuments, Sites and Excavations so that the new Commission recently installed can look into this new issue.
 
 
This story is getting an incredible media coverage, considered the (low) amount of interest that this sort of news normally generate.
 
Some more articles:
 
 
 
 

This is a much more widespread problem. To get the scale of it you can ramble on this short documentary...(click on the thumbnail)

...SO, WHAT'S HAPPENING NOW?
Happens that Virgil and his association will work together with Polemicarc to make the project for a new kiosk and submit the building permission to rebuild it! Architect Riccardo will take care of it.
A later phase will involve the Round Table of Architecture and our network of traditional craftsmen to physically rebuild the bandstand.
The legal one is just a battle that was won, the real challenge starts now.
 
Very soon we are going to join Virgil on site in Fosses-la-Ville to start gathering the necessary information and surveying.
Updates on this project will follow here below, in the form of related posts.
 
Update 1
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Update 2
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Update 3
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MORE INFO:
 

Both the final judgements can be consulted here:

 
 
n° 260.205  21/06/2024
 
n° 260.206 21/06/2024
 
 


Photographic report and contractor report:

 
Contractor report


Decay report

 
 
 

 
We are ready to rumble, our mascotte Launchpad McQuack is eager to fly over the town's market square! Warming up the engines...here we goooo!
 
Posted: 13/09/2024 10:25 — Author(s): Polemicarc

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