In a judgement handed down on 12 April 2018, the Administrative Court of Nice set aside the Mayor’s decree dismissing the planning application filed by a local resident in his municipality.
The applicant had already obtained a planning permit to build a garage/hangar for machinery and equipment as an annexe to his home. He had then amended his project to take account of technical constraints encountered during the work, creating a building floor area (a specific concept known in French planning law as a “surface de plancher”, which broadly defines the usable floor area of a building).
In dismissing the planning application, the Mayor argued that the municipality’s urban development plan (known as a “PLU”) only allowed constructions connected to and necessary for agricultural installations, and that the applicant had failed to properly demonstrate a connection or necessity between his project and any agricultural activity.
However, as the Court made clear in its judgement, the Mayor committed an error of law by failing to check whether the planned construction (which followed a hydrogeological survey of the land) could be allowed by other provisions of the PLU plan, and in particular whether it could be considered a construction intended to reduce risks, of the kind referred to in the municipality’s PLU rules.
The administrative judges noted this illegality, pointing out that Mayors are responsible for ensuring that the urban development plans in force in their municipalities are properly adhered to.
Consequently, the Administrative Court set aside the decision to reject the planning application and, at the applicant’s request, ordered the municipality to review the planning application again.
That review is currently in progress.
The Real Estate & Construction team at CMS Pasquier Ciulla Marquet & Pastor can assist you with the planning application process, and if necessary contest any illegal rejection of your application.
