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Article R752-10-1 of the French Commercial code

For any retail development project involving a sales area of between 3,000 m2 and 10,000 m2 and once the application file has been registered, the secretariat of the departmental commission forwards the application file to the prefect for his assent.

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Article R752-11 of the French Commercial code

For projects that do not require planning permission, the application accompanied by the file must be sent to the secretariat of the departmental committee in duplicate, one of which must be in electronic form. The application must be sent by registered letter with acknowledgement of receipt, delivered against a receipt, or sent electronically. In the latter case, the electronic acknowledgement of receipt is sent without delay.

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Article R752-12 of the French Commercial code

If the file is complete, the commission secretariat informs the applicant of the date and registration number of the application and the date by which the decision must be notified to the applicant. The applicant is also informed that, if no decision has been notified before this date, the authorisation will be deemed to have been granted. If the file is incomplete, the commission secretariat invites the applicant, by registered…

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Article R752-13 of the French Commercial code

I.- At least ten days before the meeting, each member of the departmental commission receives, by any means, a copy of the application for authorisation to operate a business, accompanied by: 1° The prefectoral order setting the composition of the commission; 2° The agenda for the meeting; 3° The receipt provided for in article R. 423-3 of the town planning code or the letter registering the application provided for in…

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Article R752-14 of the French Commercial code

The Commission hears the applicant. It may also hear, on its own initiative or at the written request of the commission secretariat, any person whose opinion is relevant to the examination of the application before it. When it examines the first commercial development authorisation application submitted for a project, except for the procedure laid down in article L. 752-4, the departmental commission also hears the persons mentioned in I of…

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Article R752-15 of the French Commercial code

The committee may only deliberate if at least the majority of its members are present. If this quorum is not reached, a second meeting is convened. The committee shall meet at least three days after the date of dispatch of the second notice. The committee may only deliberate if at least one third of its members are present. For the purposes of calculating the quorum, the qualified persons mentioned in…

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Article R752-16 of the French Commercial code

The committee votes by name. The authorisation is adopted by an absolute majority of the members present, the qualified persons mentioned in 3° of II, 3° of III and 3° of IV of Article L. 751-2 of the French Commercial Code not being taken into account. The opinion or decision shall state the reasons on which it is based, shall be signed by the Chairman and shall indicate the meaning…

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Article R752-19 of the French Commercial code

Within ten days of the committee meeting or the date of tacit authorisation, the committee’s decision or opinion is: 1° Notified by the prefect to the applicant and, if the project requires planning permission, to the authority competent to issue planning permission, either by administrative means against a receipt, or by registered letter with acknowledgement of receipt, or, in the case provided for in Article R. 752-8, by e-mail; 2°…

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