NEWS
Recent developments in urban planning law are presented here.
Cristallisation of town planning rules: the Conseil d'État clarifies the conditions for implementing Article L. 600-2 of the French Urban Planning Code
CE 13 novembre 2023, Commune de Saint-Didier-au-Mont-d'Or, n° 466407, Lebon
The petitioner may only benefit definitively from the crystallisation mechanism instituted by article L. 600-2 of the Town Planning Code if the judicial annulment of the refusal or opposition decision has itself become final, i.e., within the meaning and for the application of these provisions, if the judicial decision pronouncing this annulment has become irrevocable. If this judicial decision is challenged on appeal or by the Supreme Court, the competent authority has 3 months in which to withdraw the authorisation issued.
Tip: to take advantage of the crystallisation mechanism and at the same time protect themselves against the risk of the authorisation being withdrawn, it is advisable for petitioners to wait until the time limit for exercising the right of appeal has expired, or where applicable until the right of appeal has been exhausted, before confirming their application.
Cristallisation of town planning rules: the Conseil d'État clarifies the conditions for implementing Article L. 600-2 of the French Urban Planning Code
CE 13 novembre 2023, Commune de Saint-Didier-au-Mont-d'Or, n° 466407, Lebon
The petitioner may only benefit definitively from the crystallisation mechanism instituted by article L. 600-2 of the Town Planning Code if the judicial annulment of the refusal or opposition decision has itself become final, i.e., within the meaning and for the application of these provisions, if the judicial decision pronouncing this annulment has become irrevocable. If this judicial decision is challenged on appeal or by the Supreme Court, the competent authority has 3 months in which to withdraw the authorisation issued.
Tip: to take advantage of the crystallisation mechanism and at the same time protect themselves against the risk of the authorisation being withdrawn, it is advisable for petitioners to wait until the time limit for exercising the right of appeal has expired, or where applicable until the right of appeal has been exhausted, before confirming their application.
Comment published in JCP A 2024, 2014
Cristallisation of town planning rules: the Conseil d'État clarifies the conditions for implementing Article L. 600-2 of the French Urban Planning Code
CE 13 novembre 2023, Commune de Saint-Didier-au-Mont-d'Or, n° 466407, Lebon
The petitioner may only benefit definitively from the crystallisation mechanism instituted by article L. 600-2 of the Town Planning Code if the judicial annulment of the refusal or opposition decision has itself become final, i.e., within the meaning and for the application of these provisions, if the judicial decision pronouncing this annulment has become irrevocable. If this judicial decision is challenged on appeal or by the Supreme Court, the competent authority has 3 months in which to withdraw the authorisation issued.
Tip: to take advantage of the crystallisation mechanism and at the same time protect themselves against the risk of the authorisation being withdrawn, it is advisable for petitioners to wait until the time limit for exercising the right of appeal has expired, or where applicable until the right of appeal has been exhausted, before confirming their application.
Comment published in JCP A 2024, 2014
Cristallisation of town planning rules: the Conseil d'État clarifies the conditions for implementing Article L. 600-2 of the French Urban Planning Code
CE 13 novembre 2023, Commune de Saint-Didier-au-Mont-d'Or, n° 466407, Lebon
The petitioner may only benefit definitively from the crystallisation mechanism instituted by article L. 600-2 of the Town Planning Code if the judicial annulment of the refusal or opposition decision has itself become final, i.e., within the meaning and for the application of these provisions, if the judicial decision pronouncing this annulment has become irrevocable. If this judicial decision is challenged on appeal or by the Supreme Court, the competent authority has 3 months in which to withdraw the authorisation issued.
Tip: to take advantage of the crystallisation mechanism and at the same time protect themselves against the risk of the authorisation being withdrawn, it is advisable for petitioners to wait until the time limit for exercising the right of appeal has expired, or where applicable until the right of appeal has been exhausted, before confirming their application.
Comment published in JCP A 2024, 2014
Towards a reversible building permit?
The idea of a multiple-use permit
Is the dream of property developers about to become a reality?
To be able to construct a building for a specific purpose and have the assurance of being able to change its purpose years later if it becomes more profitable or more interesting.
This is the aim of a bill that passed its first reading in the French National Assembly on 7 March 2024. Article 4 of the bill would make it possible to use a multi-purpose building permit (or reversible permit).
Commentaire on this website
Commercial preemption rights: what are the conditions for implementation?
CE 15 décembre 2023, Société NM Market, n° 470167, Lebon T., à paraître
Local authorities with commercial pre-emption rights may legally exercise this right if, on the one hand, they can prove, on the date on which they exercise it, that they have a development project or operation that meets the objectives mentioned in article L. 300 1 of the French Urban Planning Code, even if the precise characteristics of this project have not been defined on that date, and if, on the other hand, they indicate the nature of this project in the pre-emption decision.
In addition, there must be a sufficient public interest in exercising this right, having regard in particular to the characteristics of the property, in this case the craft or commercial business or the commercial lease, that is the subject of the transaction or the foreseeable cost of the transaction.
Comment to be published in Defrénois
Towards a reversible building permit?
The idea of a multiple-use permit
Is the dream of property developers about to become a reality?
To be able to construct a building for a specific purpose and have the assurance of being able to change its purpose years later if it becomes more profitable or more interesting.
This is the aim of a bill that passed its first reading in the French National Assembly on 7 March 2024. Article 4 of the bill would make it possible to use a multi-purpose building permit (or reversible permit).
Commentaire on this website
Notion of "extension to an existing building" in PLU: what are the criteria for assessment?
CE 9 novembre 2023, Rouvillois, n° 469300, Lebon T.
Where the regulations of a local urban development plan do not specify, as they may, whether the concept of extension of an existing building, when it refers to it, includes a limitation on the dimensions of such an extension, the latter must, in principle, be understood as an extension of the existing building which, in addition to having a physical and functional link with it, is smaller in size than the latter.
Planning permission containing inaccuracies regarding floor area or intended use: what impact on its scope and legality?
CE, 20 December 2023, Ciret, n° 461552, Lebon T.
A building permit, subject to any conditions to which it may be subject, only authorises construction that conforms to the plans submitted and to the characteristics indicated in the permit application file. Any errors that may affect the information required by article A. 424-9 of the Code de l'urbanisme to appear on the order granting planning permission cannot give any right to build under conditions that differ from those set out in the application. Consequently, the mere fact that the order granting planning permission contains inaccuracies or omissions concerning the purpose or purposes of the building that it authorises, or the floor area created, has no bearing on the scope or legality of the permission.
Comment on this website
Modification of a building permit application during the course of the investigation: the Conseil d'État clarifies the conditions
CE 1er décembre 2023, Commune de Gorbio, n° 448905, Lebon
The author of a building permit application may, during the application examination phase and before an express or tacit decision is taken, make modifications to his project which do not change its nature, by submitting a request to this effect accompanied by new documents which are incorporated into the file so that the final decision relates to the project thus modified.
The petitioner may make changes to his project during the course of the investigation. A simple adjustment to the project will have no effect on the appraisal period. On the other hand, a more significant modification, or one that occurs when the deadline is about to expire, will lead the investigating department to extend it.
Comment to be published in the review Droit administratif
Single lot subdivision and control applicable to the remainder not included in the operation
CE 29 novembre 2023, Association de défense de l'environnement du parc de Maisons-Laffitte, n° 470788, Lebon T.
A subdivision is the division of a unit of land into ownership or possession, provided that at least one of the plots resulting from this division is intended to be built on. The perimeter of the subdivision may therefore, at the developer's discretion, include a single building lot or, along with one or more building lots, parts of the land unit that have already been built on. On the other hand, the detachment of a plot of land containing one or more buildings that are not intended to be demolished does not constitute a subdivision, even when the extension, even if significant, of one of these buildings is envisaged, possibly after demolition of part of it, or the construction of annexes to these buildings. Lastly, the French Supreme Court (juge de cassation) reviews the legal classification of the concept of subdivision.
The detachment of a plot of land does not necessarily constitute a subdivision. In addition, where a plot of land that already contains a building has not been included within the perimeter of the subdivision, the remaining land is not checked for compliance with planning regulations when the subdivision authorisation is issued.
Comment published in JCP G 2024, Act. 138
Cristallisation of town planning rules: the Conseil d'État clarifies the conditions for implementing Article L. 600-2 of the French Urban Planning Code
CE 13 novembre 2023, Commune de Saint-Didier-au-Mont-d'Or, n° 466407, Lebon
The petitioner may only benefit definitively from the crystallisation mechanism instituted by article L. 600-2 of the Town Planning Code if the judicial annulment of the refusal or opposition decision has itself become final, i.e., within the meaning and for the application of these provisions, if the judicial decision pronouncing this annulment has become irrevocable. If this judicial decision is challenged on appeal or by the Supreme Court, the competent authority has 3 months in which to withdraw the authorisation issued.
Tip: to take advantage of the crystallisation mechanism and at the same time protect themselves against the risk of the authorisation being withdrawn, it is advisable for petitioners to wait until the time limit for exercising the right of appeal has expired, or where applicable until the right of appeal has been exhausted, before confirming their application.
Comment published in JCP A 2024, 2014
Henri Durieux Prize from the Académie des Sciences morales et politiques
Paris, 13 novembre 2023
Dalloz Action Droit de l'urbanisme has been awarded the Henri Durieux prize by the Académie des Sciences morales et politiques, under the dome of the Institut de France.