Question 21658 — land use planning

Summary

Paragraphs 5 to 8 of V of Article 157 of Law No. 2018-1021 of November 23, 2018 on the development of housing, development and digital technology, known as “ELAN”, now codified in Article L. 752-1-2 of the Commercial Code, give the State representative in the department the power to suspend, by order, after notice or at the request of the elected officials concerned, registration and examination of applications for commercial operating authorization (AEC) for projects, submitted to AEC, to be established either in municipalities signatory to territorial revitalization operation conventions (ORT) outside the sectors of intervention defined by the conventions (that is to say "on the outskirts" most often), or in municipalities not signatories to ORT conventions, but members of EPCI signatories or bordering EPCI signatories. Le décret n° 2019-795 du 26 juillet 2019 relatif to the option of suspending the commercial operating authorization procedure published in the Official Journal of July 28 provides for the conditions of application of these provisions, in particular for: - the conditions of exercise by the prefect of his option of suspending the procedure before the departmental commercial planning commission (CDAC), - the conditions of referral to the prefect by the "concerned" elected officials (mainly mayors and presidents of public intermunicipal cooperation establishments (EPCI) with their own taxation, signatories of territorial revitalization operation agreements/ORT), - the conditions for the possible extension of the suspension and resumption of the procedure after suspension.

Machine translation from French. The official text remains authoritative.

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