7. Planning Appeals in France

1. 7.1. Planning Appeal Procedures
   7.2. Recours Administratif
   7.3. Recours Contentieux
   7.4. Breach of Planning Consent

7.2. Planning Appeals in France - Recours Administratif/Gracieux

This is an appeal to the mairie if it was they who made the decision. Under this procedure the mairie are provided with the opportunity to withdraw their consent, if you can demonstrate it breaches planning rules. (If the decision was taken by the préfecture itself then you must address your complaint to the Ministère des Transports, de l’Equipement, du Tourisme et de la Mer).

Instead of appealing to the mairie you can also appeal to the préfet, who has the right to overturn or suspend, by déféré préfectoral, the decision for a default of procedure or legality, e.g. incomplete plans, lack of proper notice, breach of local/national planning rules. This procedure is called a recours hiérarchique in which the préfet would normally engage a planning specialist to undertake a formal review of the decision.

You should send a letter, by recorded delivery, setting out your grounds for opposing the consent and enclosing a copy of the planning consent.

The mairie/préfet have two months to give their response, but silence on their part constitutes a refusal of the appeal. Do not necessarily assume you will get a response. The procedure does not bring with it an obligation to actually grant you a reply!

Accordingly, if you do not get a reply within two months, or you do, and the planning authority is not prepared to alter their decision, then you are going to have to bring a legal action in the courts. You have a further two months to do so.

If you are seeking to appeal against a decision on your own application, you should adopt the same procedure.