Contesting plans to build houses alongside our garden
We bought the land that our house is on from a farmer 11 years ago. Now he wants to sell plots beside our garden, with houses that will take away our view and privacy. Do we have rights? A.C.
Yes but you must act quickly once a planning permission notice goes up on the site. As with the query about noise, left, you may wish to consult an avocat, in this case specialising in droit de l’urbanisme – planning law, a branch of droit public.
You may contest planning permission if you live near the site and can show that your enjoyment of your home will be directly affected by the loss of sunlight and view etc. The time limit to do so is two months from the notice going up.
You may make a recours gracieux to the mayor: a letter sent recorded delivery with reception slip, keeping a copy for your records, asking for permission to be withdrawn. Suggested wording can be found here: service-public.fr/particuliers/vosdroits/R46120
Within 15 days you should notify the farmer that you have taken this action, also by recorded delivery, including a copy of your letter to the mayor.
The mayor has two months to respond, but if you have no response after this it should be considered a refusal. In such a case you may apply to a court for the planning permission to be cancelled, called un recours contentieux, in the tribunal administratif (find details at tinyurl.com/admin-court).
Alternatively you may do this instead of the recours contentieux, which is advisable if there is urgency such as building starting. The time period is also two months from the notice going up, but this can be suspended while waiting for a decision on a recours gracieux.
If building goes on despite you lodging complaints it is possible to file a référé suspension with the court and obtain an order halting work awaiting a decision to be made.
It is theoretically possible to undertake these procedures on your own, but using an avocat would give a greater chance of success. They may offer an initial consultation free of charge. They may also be able to identify technical legal problems with the planning application.
If you are unable to prevent work going ahead, it is useful to have a huissier take note, including photos, of the view and light before the buildings go up. It may be possible to obtain damages by taking action in the tribunal d’instance (up to €10,000 of damages) or grande instance.
It may also be appropriate to apply to the tribunal de grande instance for a demolition order in the case where you were able to have planning permission cancelled but building had already begun.
