French Commercial code
In forceI.-In municipalities with fewer than 20,000 inhabitants and, for projects that result in the artificial development of land within the meaning of V of article L. 752-6, in all communes, the mayor or the president of the public establishment for inter-communal cooperation with responsibility for town planning may, when an application for planning permission is submitted for the construction of a commercial facility with a surface area of between 300 and 1,000 square metres, propose to the town council or the deliberative body of this establishment to refer the matter to the departmental commission for commercial development so that it can rule on the project's compliance with the criteria set out in the same article L. 752-6.
In these municipalities, when the mayor or the president of the public body with competence in town planning matters receives an application for planning permission to build a commercial facility referred to in the previous paragraph, he/she notifies this application within eight days to the president of the public body provided for in article L. 143-16 of the town planning code within whose territory the development is planned. The latter may propose to the deliberating body that the matter be referred to the departmental commercial development commission for a ruling on the project's compliance with the criteria set out in article L. 752-6.
The deliberation of the town council or the deliberating body of the public establishment for inter-communal cooperation must state the reasons for the decision. It is sent to the petitioner within three days and posted for one month at the town hall of the commune where the development is located.
In the event of an unfavourable opinion from the departmental commercial development commission or, where applicable, the national commercial development commission, the building permit cannot be issued.
The Commission départementale d'aménagement commercial will give its decision within one month.
In the event of a negative opinion, the developer may refer the matter to the Commission nationale d'aménagement commercial, which will give its decision within one month. Silence on the part of the national commission is equivalent to confirmation of the opinion of the departmental commission.
II.-I of this article does not apply to applications for planning permission to build a commercial facility located in a sector of intervention of a territorial revitalisation operation defined in I of article L. 303-2 of the Construction and Housing Code, including a town centre identified by the agreement for the said operation.
