Land use planning and development law
LexCase assists its clients in the private and public sectors at every stage of their land use and development projects: determination and management of the process schedules, audits, negotiations, pre-trial matters and litigation.
As such, LexCase offers its clients transversal solutions, which integrate regulatory aspects, as well as legal advice on planning, development and environmental protection.
Regulatory framework for land use and urban planning
LexCase advises its clients on all aspects of land occupancy and the protection of soil on the national territory: audits and disputes related to the full range of administrative authorizations for construction activities in France.
- Project feasibility analysis with regard to the applicable urban planning regulations (PLU, the local urban planning program; PPRI, the flood risk prevention plan; “Loi Littoral”, the law governing the coastlines; “Loi Montagne”, the law governing mountainous regions, etc.)
- Audit of urban planning and land development authorization application files (building permit, land development permit and preliminary declarations)
- Follow-up of the procedures for examining authorization applications (examination deadlines, relations with the examining authorities, public inquiries, etc.)
- Administrative and court proceedings regarding land use planning authorizations
- Legal assistance with the preparation, completion and revision of urban planning and land use documents (municipal plans; POS, the land use plan; PLU, the local urban planning program; inter-municipality PLUs; SCOT, the territorial cohesion plan, etc.)
- Litigation regarding urban planning and land use documents
Operational urban planning and development
LexCase assists and represents its clients (public and private-sector operators, developers, planners, construction companies, etc.) with regard to the implementation of their land development projects:
- Project management support for the creation and implementation of joint development zones (“zones d’aménagement concerté”)
- Project management support for development concession agreements
- Land use taxation
- Financial contributions from developers for public facilities (PUP, the urban partnership project; PAE, the comprehensive development program), etc.
Commercial land use planning
LexCase provides support to its clients with regard to their projects and the issues surrounding commercial use and development of land: structuring, audits, securing operations to develop commercial premises, and representation in litigation for both plaintiffs and defendants.
- Feasibility analysis of the project with regard to commercial land development regulations
- Audit of authorization application files submitted to the departmental commission for commercial land development (“Commission Départementale d’Aménagement Commercial”)
- Assistance with preliminary reviews by the commission for commercial land development
- Litigation regarding commercial land development authorizations before the administrative courts
LexCase assists its institutional clients and businesses in initiating and auditing all of the procedures required under environmental law (ICPE, a classified site for environmental protection purposes; water; polluted sites and soil; technological risks; fauna and flora, etc.).
In this regard, our team provides consulting services and also represents its clients in litigation relative to the following:
- ICPE (classified site for environmental protection purposes), SEVESO and IOTA (facilities, structures, works and activities) applications (registration, declaration and authorization)
- The single environmental authorization (“Autorisation environnementale unique”) applicable in France
- Natural risk prevention plans (PPRI, flood risk prevention plan; PPRN natural risk prevention plan; PPRIF, forest fire risk prevention plan)
- Environmental police (waste; water; ICPE, classified site for environmental protection purposes)
LexCase also regularly organizes training on these topics on its LexFormation platform.