I.-The commercial operating authorisation referred to in Article L. 752-1 is compatible with the orientation and objectives document of territorial coherence schemes or, where applicable, with the development and programming guidelines of inter-municipal local town planning schemes including the provisions set out in the second paragraph of article L. 151-6 of the town planning code.
The commission départementale d’aménagement commercial takes into consideration:
1° In terms of regional planning:
a) The location of the project and its urban integration;
b) The economical consumption of space, particularly in terms of parking;
c) The effect on the liveliness of urban and rural life and in mountain and coastal areas;
d) The effect of the project on transport flows and its accessibility by public transport and the modes of travel that are the most economical in terms of carbon dioxide emissions ;
e) The project’s contribution to preserving or revitalising the commercial fabric of the town centre in the municipality in which the development is located, in neighbouring municipalities and in the local authority of which the municipality in which the development is located is a member;
f) The indirect costs borne by the local authority, particularly in terms of infrastructure and transport;
2° In terms of sustainable development:
a) The environmental quality of the project, particularly in terms of energy performance and greenhouse gas emissions, by anticipating the assessment provided for in 1° and 2° of I of Article L. 229-25 of the Environmental Code, the widest possible use of renewable energies and eco-responsible materials or processes, rainwater management, soil sealing and environmental preservation;
b) The landscape and architectural integration of the project, in particular through the use of materials characteristic of local production channels;
c) Nuisances of any kind that the project is likely to generate to the detriment of its immediate environment.
A and b of this 2° also apply to existing buildings in the case of projects mentioned in 2° of Article L. 752-1;
3° As regards consumer protection:
a) Accessibility, in terms, in particular, of the proximity of the offer to places where people live;
b) The project’s contribution to revitalising the commercial fabric, in particular by modernising existing commercial facilities and preserving town centres;
c) The variety of the offer proposed by the project, in particular through the development of innovative concepts and the enhancement of local production channels;
d) The natural, mining and other risks to which the site where the project is to be located may be exposed, as well as measures to ensure consumer safety.
II.-In addition, the committee may take into account the project’s contribution to social issues.
III.-The committee’s decision is based on an impact assessment of the project, submitted by the applicant in support of its application for authorisation. Carried out by an independent body authorised by the representative of the State in the department, this analysis assesses the effects of the project on the vitality and economic development of the town centre of the municipality in which the project is to be implemented, the neighbouring municipalities and the inter-municipal public cooperation body with its own tax system of which the municipality in which the project is to be implemented is a member, as well as employment, based in particular on demographic trends, the retail vacancy rate and the supply of square metres of retail space already available in the relevant catchment area, taking into account daily and, where applicable, seasonal commuting between areas.
IV.
IV -The applicant for a retail development consent must demonstrate, in the impact assessment referred to in III, that there is no brownfield site in the town centre suitable for the proposed project. If there is no such brownfield site, the applicant must demonstrate that there is no brownfield site on the outskirts of the town that would accommodate the proposed project.
V.-Commercial development consent may not be granted for a site or extension that would result in the artificialisation of the land, within the meaning of the ninth paragraph of article L. 101-2-1 of the French Town Planning Code.
However, commercial development consent may be granted for a site or extension that would result in the artificialisation of the land, within the meaning of the ninth paragraph of article L. 101-2-1 of the French Town Planning Code.
V.
However, a commercial development permit may be issued if the applicant demonstrates, in support of the impact analysis referred to in III of this article, that the project is in continuity with the urbanised areas in a sector with an appropriate type of urbanisation, that it meets the needs of the area and that it meets one of the following criteria:
2° The inclusion of the project in a development operation within an already urbanised area, in order to promote the functional mix of the sector concerned;
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3° Compensation through the transformation of artificial land into non-artificial land, within the meaning of the penultimate paragraph of Article L. 101-2-1 of the Town Planning Code;
> 4° Integration within a development project within an already urbanised area, in order to promote, in particular, the functional mix of the sector concerned;
4° Insertion within a sector of peripheral location or an urban centre identified in the orientation and objectives document of the territorial coherence plan that came into force before the publication of Act no. 2021-1104 of 22 August 2021 on combating climate change and strengthening resilience to its effects or within a commercial activity zone delimited in the regulations of the inter-communal local urban planning plan that came into force before the publication of the same Act.
The second to sixth paragraphs of this V apply only to projects for the purpose of:
a) The creation of a retail shop or commercial complex with a sales area of less than 10,000 square metres;
> b) The extension of the sales area of a retail store or commercial complex with a sales area of less than 10,000 square metres.
b) Extending the sales area of a retail shop or commercial complex where the total sales area of the shop or commercial complex remains below 10,000 square metres;
> c) Extending the sales area of a retail shop or commercial complex where the total sales area of the shop or commercial complex remains below 10,000 square metres.
c) An extension to the sales area of a retail shop or commercial complex that has already reached the 10,000 square metre threshold or is expected to exceed it as a result of the project, up to a limit of one extension per shop or commercial complex and provided that the extension to the sales area is less than 1,000 square metres.
For any project with a sales area of more than 3,000 square metres and less than 10,000 square metres, the derogation will only be granted after receiving the assent of the State representative.
A decree in the Conseil d’Etat shall specify the procedures for applying this V and the projects considered to result in the artificial development of land within the meaning of the first paragraph of this V.
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