Urban planning litigation

WHAT ACTS MAY BE THE SUBJECT OF AN ACTION FOR ANNULMENT BEFORE THE ADMINISTRATIVE JUDGE?

Acts which may be the subject of an action for annulment on the following:

  • the decision to grant a building or development permit;
  • the decision to stay the license of the subdivision permit;
  • the decision to refuse a license
  • taxes and participation associated with the permit;
  • the conditional requirements of the permit;
  • the interruptive order of works;
  • the demolition permit applied for at the same time as the building permit;
  • the building permit as part of a development permit;
  • the planning certificate;
  • subdivision authorizations;
  • authorizations for camping, caravanning and light recreational habitat;
  • authorizations for cutting and felling trees and clearing permits.

But also :

  • land use plans (POS);
  • local planning plans (PLU);
  • documents related to the Concerted Development Zones (BIAs);
  • land development plans;
  • territorial coherence schemes (SCOT)

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CLASSIFIED FACILITIES

Any industrial or agricultural exploitation likely to create risks or to provoke pollution or nuisances, in particular for the safety of the health of the residents is a classified installation.

Activities falling under the legislation of classified installations are listed in a nomenclature which subjects them to a system of authorization, registration or declaration according to the importance of the risks or inconveniences that may be generated:

  • Reporting regime for the least polluting and least dangerous activities: a simple declaration in prefecture is necessary;
  • Authorization scheme for installations presenting the greatest risks or pollution: the operator must submit a request for authorization before putting it into service, demonstrating the acceptability of the risk and the prefect may authorize or refuse operation;
  • Registration scheme for sectors, whose technical measures to prevent disadvantages are well known, a simplified authorization scheme was created in 2009.

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Commercial urbanism

Commercial urban planning regulates the commercial development of cities by aiming at distributing the urban commercial equipments as well as possible while possibly limiting the possible nuisances associated with these equipments (visual pollution, competition towards the small trade, circulation, etc ..).

The creation of large areas, zones and shopping centers and pedestrian zones are commercial planning. In particular, commercial urban planning must comply with national planning regulations, but also with local development plans.

The firm intervenes both in advising and in litigation to obtain and contest the authorizations of commercial exploitation of creation or extension of the stores of commerce and supermarkets.

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