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7. Planning Appeals in France

7.3. Planning Appeals - Recours Contentieux

This is a procedure to be used if you do not consider that a complaint either to the mairie or préfet is likely to be effective (as is often the case) or that has failed.

In these circumstance you need to bring a legal action in the Tribunal Administratif.

However, you cannot introduce new grounds of objection to the consent, beyond those already submitted.

The courts will only interfere if they consider the consent was not granted on a legal and proper basis.

Accordingly, you are going to need to get professional support by engaging an architect/avocat specialising in planning law.

You can also contact directly your local administrative court to discuss the manner in which the complaint should be made but, broadly speaking, is is on the same basis as the previous procedure.

The local court official is often a very good source of useful free advice.

There are appeal procedures to a higher court if you are not satisfied with their decision, but you will need clear legal grounds on which to make such an appeal.

Next: Breach of Planning Consent

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