CONTESTED PLANNING PERMISSION: WHAT CAN NEIGHBOURS DO?

Contested planning permission

The erection of a building in the immediate vicinity of a neighbour's property may result in a substantial change to the neighbour's environment.

Loss of sunlight, damage to views or failure to comply with the town planning regulations are grounds for litigation. They are likely to call into question the authorisation issued by the authorities.

French law recognises that third parties have a legitimate interest in bringing an action, provided that they comply with a strict procedure and within set time limits.

Neighbours' right to take action in planning matters

The right to challenge a planning permission is reserved for third parties with an interest in the case. This is in accordance witharticle L 600-1-2 of the town planning code. This interest cannot be presumed: it must be personal, direct and sufficiently specific. Immediate neighbours are most often entitled to bring an action, particularly when the project affects the conditions under which they occupy or use the property they own.

The applicant's status is assessed on the date the permit is posted on the property. This means that a neighbour who acquires his property after this formality has been complied with will be refused. It is up to the person contesting the permit to show, with supporting documents, how the project actually affects their rights or their living environment.

Time limits and procedures for appeals (Contested planning permission)

If planning permission is properly displayed on a plot of land, you have two months in which to lodge an appeal with the administrative court.

If the sign is not displayed in accordance with the regulations for a period of at least two consecutive months, this period does not apply to third parties. Proof of posting is in any case the responsibility of the permit holder, who is responsible for keeping dated photographs or having a report made to attest to the legibility and continuity of the posting of the sign.

If an appeal is lodged, it must be notified to the petitioner within fifteen clear days of its registration. This formality, provided for byarticle R 600-1 of the Town Planning Codeis a condition of admissibility of the appeal.

The administrative judge carries out an in-depth review of the legality of the contested decision. In particular, it examines :

-the project's compliance with the requirements of the local urban development plan (PLU),

-the existence of manifest errors of assessment,

-or compliance with public utility easements.

Prior to any appeal to the courts, you may wish to consider lodging an informal appeal, or even a hierarchical appeal (when the authorisation was issued by the Mayor on behalf of the State) with the municipality that issued the planning permission. This procedure interrupts the two-month period referred to above. If there is no response within two months, the application will be rejected. Even if it is an informal appeal, the permit holder must be notified.

The effects of cancelling planning permission

If the planning permission is cancelled by the courts, the applicant is retroactively deprived of any legal basis for building his project. If the works have been started or completed, they become de facto irregularities. The authorities can then order the demolition of the building or bring it into compliance.

Regularisation may nevertheless be permitted where the defects affecting the initial planning permission do not call into question the legality of the project as a whole. In this case, the judge may stay the proceedings until the competent authority issues an amending permit.

Our practical recommendations: 

-. Monitor the posting of your licence on the land concerned and keep dated photographs to control the time limits for appeals;

-. Checking your interest in taking actionby analysing the real impact of the project on the conditions under which the property is occupied or used;

-. Request a copy of the permit from the town hallto check compliance with the local town planning scheme;

-. Strict adherence to deadlines and appeal formalities, in particular notifying the permit holder within fifteen days.