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

The opinion or decision of the Commission nationale d’aménagement commercial shall mention, where applicable, the option for the petitioner to apply directly to the Commission for a new authorisation in accordance with the procedure set out in article L. 752-21.

When the project does not require planning permission, the new application is sent to the chairman of the Commission nationale d’aménagement commercial under the conditions defined in article R. 752-11. If there is more than one claimant, the request must specify the place where they elect domicile. Failing this, notifications, summonses and other documents are validly addressed to the domicile of the first named.

When completion of the project requires planning permission, the new application is submitted in accordance with the provisions of articles R. * 423-2 et seq. of the town planning code. The mayor forwards this request to the secretariat of the Commission nationale d’aménagement commercial under the conditions set out in the second paragraph of the article R. 423-13-2 of the same code.

The new application must include, in addition to the opinion or decision of the National Commission on the project, the updated commercial development authorisation application file. If the application is not accepted, it must be accompanied by a summary of the adjustments made to the project. On pain of inadmissibility, the applicant has five days from the date of referral to the National Commission to notify the new application to…

The four-month period allowed for the National Commission to give its decision begins on receipt of the new application by its secretariat. The National Commission forwards the new application to the departmental investigating departments for their opinion, under cover of the Prefect. The applicant is summoned in accordance with the provisions of the second paragraph of article R. 752-34.

The provisions of article R. 752-35 are applicable. However, the documents mentioned in the third to seventh paragraphs of this article are replaced by the following documents: 4° The report of the National Commission’s investigating department on the new application.