I. Composition of commercial development commissions
The decree determines the methods of composition of the departmental and national commissions as well as the rules aimed in particular at preventing conflicts of interest of the members of the various commissions.
II. Commercial authorizations
Application for commercial exploitation authorization
The decree extends the list of persons authorized to apply for an operating permit.
The application for authorization can now be requested by a person entitled to benefit from expropriation for public utility. Similarly, in the event that a building permit is not required, the application for commercial exploitation authorization may be submitted by any person who can show proof of a title from the owner(s) authorizing him to commercially exploit the buildings or by that person's agent. A model application for commercial exploitation authorization and the file attached to the building permit application must be set by order of the Minister responsible for trade. The authorization request must specify the capacity in which the applicant is acting and the nature of the project.
Case
If the necessary documents are still intended to allow the assessment of elements relating to the management of space, the accessibility of the commercial offer, the environment, the decree details the list of elements of the file accompanying the request which is then lengthened.
The decree requires the provision of information concerning:
- the project
- the catchment area
- maps or plans relating to the project
- the effects of the project in terms of land use,
- the effects of the project in terms of sustainable development:
- the effects of the project in terms of consumer protection
- the social effects of the project
In addition, when the project does not require a building permit, the application must specify:
- elements relating to the identity of the applicant;
- the location, address and area of the land(s).
Likewise, the file must contain:
- For the applicant(s): an extract of registration in the trade and companies register or, if the company is in the process of being set up, a copy of the articles of association registered with the tax authorities;
- The indication of the land concerned, their total area and an extract from the cadastral plan;
- A description of the project specifying its integration into the landscape or an urban project;
- A 1:25,000 map indicating the location of the project;
- An aerial or satellite view duly captioned registering the project in its district;
- An axonometric photograph of the current site and a visual presentation of the project to assess its future insertion in relation to neighboring buildings and landscapes, its visual impact as well as the treatment of access and land;
- A graphic document representing all the facades of the project.
Submission of the request
For projects that do not require a building permit, the request and the file are sent to the departmental commission for commercial development (CDAC). For projects requiring a building permit, the application accompanied by the file is submitted to the town hall, which then forwards the application to the CDAC.
CDAC decision
Within ten days of the meeting of the commission or the date of the tacit authorization, the decision or the opinion of the CDAC is notified to the applicant, published in the collection of administrative acts of the prefecture.
The posting of the decision at the town hall on the initiative of the prefect is not repeated in the decree. Following the same deadline, in the event of a favorable decision or opinion, an extract is published in two regional or local newspapers at the expense of the applicant. The commercial exploitation authorization is valid for a period of three years from the date on which the building permit becomes final for projects requiring a building permit.
This period is extended by two years for projects involving the construction of more than 6,000 square meters of sales area. For projects that do not require a permit, the period of validity is always three years from the notification of the decision. In the event of an appeal before the administrative jurisdiction against the authorization for commercial exploitation, the three-year period is suspended until the pronouncement of a final judicial decision.
Appeal against the decision or the opinion of the departmental commission
The decree sets the procedures for appealing against the decisions of the CDAC.
It provides in particular the conditions under which an appeal may be exercised as well as the persons authorized to exercise an appeal. It should be noted that the National Commission may in particular receive written contributions.
The minimum quorum for deliberations is raised. The commission can only deliberate if at least six of its members are present, compared to five previously. Decisions are adopted by a majority of the members present. The opinion or the decision must be reasoned, signed by the president and indicate the number of favorable and unfavorable votes as well as the number of abstentions. The decision or the opinion is notified to the applicant, to the applicant if different, to the prefect and if the project requires a building permit, to the competent authority.
The decision is no longer the subject of a notification to the Minister responsible for trade. The notification, which was to take place within two months, must now be made within one month of the meeting of the committee or the date of tacit confirmation.
Self-referral to the national commission
The decree sets the procedures for self-referral to the national commission when the project relates to equipment whose sales area is greater than 20,000 square meters.
In such a situation, the secretariat of the departmental commission must, within ten clear days of receipt of the commercial authorization request, send the national commission a dematerialized copy of the request accompanied by the file. The national commission for commercial development can then take up the project within one month of notification to the secretariat of the national commission of the opinion or decision of the departmental commission. The commission takes up the project on the proposal of its president or at least four of its members, by an absolute majority of the members present. It then issues an opinion or renders a decision on the conformity of the project. The opinion or this decision replaces that of the departmental commission. The procedure applicable in the context of an appeal against a decision of the CDAC is applicable during this procedure.
Finally, it is specified that this procedure does not preclude appeals against the decision or the opinion of the departmental commission. The National Commission decides on all referrals and appeals relating to a project by a single decision or a single opinion.
End of commercial operation
When a commercial complex or a permanent withdrawal point that has given rise to an authorization for commercial operation ceases to be operated for commercial purposes, the owner(s) of the buildings notify the date of cessation of operation to the prefect of the department of the settlement municipality.
Barring exceptions, it is up to the owner of the buildings to notify the prefect of the department of the municipality where the site is located of the measures planned to carry out the dismantling and restoration of the site, at the end of a period of three years, from the date of cessation of operation. Failing this, the competent authority to issue the building permit may take the necessary measures or have them carried out, at the expense and risk of the owner(s) of the site.
III. Transitional measures
The decree provides for transitional provisions for applications for commercial exploitation authorization and building permits under examination when the text comes into force. The decree also determines transitional rules applicable to appeals against decisions of the national commission for commercial development relating to projects requiring a building permit as well as to decisions of cancellation by the administrative judge of authorization to operate. or building permits before the entry into force of the decree.
