Interest to Act in Urban Planning Litigation

Extract

[...] The applicant must specify the the nature of the injuries what he invokes. These injuries can be : - Visuals: can make the house lose value (for example: loss of intimacy or excessive vis-à-vis). - Sunlight: this is translated notably by a decrease in natural light. - Noise pollution: concretely, this can be additional traffic, noisy equipment. They are less common but also notable are the nuisances: olfactives, of circulation and parking, or even as for the valeur vénale. « All invoked damage must be directly related to the contested project (Council of State December 2021, n° 441893). [...]

[...] That is why it is advisable to consider special cases in the matter of interest to act according to the profiles of applicants in urban contentious proceedings (II). II. Specific cases of interest to act according to the profiles of applicants It is up to the immediate neighbor, like any third party (other than the State, territorial collectivities or their groups or an association), to produce elements on the nature, importance or location of the applicant's project. By their statutes, certain applicants may benefit from a more favorable regime, however these regimes, like the general regime, are marked by a tendency to tighten the interest to act. [...]

[...] Legal Entities and Trade Unions However, associations are not the only legal entities that can bring an appeal against urban planning decisions. - From the point of view of territorial collectivities : They can act against a planning permit as soon as the project affects their competences or their territory (for example: an infringement of the Local Urban Plan). The appeal must be made in the context of the defense of the local public interest only. - From the point of view of companies : They must demonstrate a direct impact on their activity and/or their heritage (for example: proven nuisances). [...]

[...] The legal framework of the interest to act in urban planning litigation The interest to act in urban planning litigation has been subject to strong normalization. First, it is necessary to see the definition of the interest to act resulting from the normalization process; but also, the judge's assessment of the interest to act Finally, there are additional conditions to the interest to act outside the characteristics of the applicant: urban planning litigation is confined to strict deadlines A. The definition of the interest to act in urban planning and its foundations In preliminary terms, it will be recalled that urban planning permits are understood as the urban planning acts necessary for the realization of works. [...]

[...] It is essential to note that the assessment of the altered conditions is evaluated at the time of the posting of the application for authorization. - Council of State March 2019, n°422460: does not have an interest in acting on behalf of an applicant who is too far from the project and does not demonstrate nuisance, the mere existence of neighbors would be a problem. It is therefore necessary to ensure that proof is established of the impact on the conditions of occupation, use or enjoyment of one's property. [...]