Section 3: Appeals against the decision or opinion of the departmental committee.

The time limit for appealing against a decision or opinion of the departmental commission is one month. It runs: 1° For the applicant, from notification of the decision or opinion; 2° For the prefect and the members of the departmental commission, from the commission meeting or, in the case of a tacit decision or opinion, from the date on which authorisation is deemed to have been granted; 3° For any…

The appeal shall be submitted to the chairman of the Commission nationale d’aménagement commercial by any secure means or, where it is submitted by the prefect, by ordinary administrative channels. On pain of inadmissibility, the appeal shall state the grounds on which it is based and be accompanied by proof of the capacity and interest giving cause to act of each appellant. Where the appeal is submitted by several persons,…

On pain of inadmissibility of his appeal, within five days of its presentation to the national commission, the appellant, if he is different from the applicant for the commercial development authorisation, communicates his appeal to the latter either by registered letter with acknowledgement of receipt, or by any secure means. If it is not the applicant, the prefect of the département in which the site is located is informed of…

When, after the expiry of a period of two months following its receipt by the Chairman of the National Commission, a claimant withdraws his appeal against the decision or opinion of the Departmental Commission, the National Commission may nevertheless, in accordance with the rules laid down in the first paragraph of Article R. 752-38, decide to rule on the draft submitted to it. It shall inform the parties of its…

The four-month period provided for in I and II of Article L. 752-17 runs from receipt of the appeal by the secretariat of the national commission. At least fifteen days before the meeting of the national commission, the parties, and the member of the departmental commission appointed pursuant to the provisions of the fourth paragraph of Article R. 752-16 are convened to the meeting and informed that the national commission…

The national commission meets when convened by its chairman. At least five days before the meeting, each member receives, by any means, the agenda as well as, for each dossier:

The National Commission may receive written contributions. The National Commission shall hear any person who submits a written request to the secretariat, justifying the reasons for their hearing, at least five days before the meeting. The following are exempt from giving reasons for their hearing: the author of the appeal to the national commission, the applicant, the member of the departmental commission for commercial development mentioned in the second paragraph…

The National Commission may only deliberate if at least six of its members are present. If this quorum is not reached, a second meeting is convened. The national commission shall meet at least seven days after the date of dispatch of the second meeting notice. The National Commission may only validly deliberate if at least four of its members are present. If this quorum is not reached, the national commission…

An opinion or decision is adopted by a majority of the members present. In the event of a tie, the Chairman shall have the casting vote. The opinion or decision shall state the reasons on which it is based, shall be signed by the Chairman and shall indicate the number of votes in favour and against as well as the number of abstentions. When this opinion or decision is favourable,…

Within one month of the meeting of the national commission or the date of tacit confirmation, the decision or opinion is notified to the applicant, to the applicant, if different from the applicant, to the prefect and, if the project requires planning permission, to the competent planning permission authority. For projects covered by article L. 752-1, within ten days of notification, the decision or notice is published in the Recueil…