Question 42334 — tourism and leisure

Summary

Mr. Florian Bachelier draws the attention of the Minister of Ecological Transition to the legal regime resulting from the town planning code applying to beach catering establishments called “huts” installed outside the public maritime domain but on private properties bordering the beaches. This equipment is composed of chairs, tables, terrace covered with a pergola, counter, shed / modular installation serving as kitchen, storage and sanitary facilities, refrigerator, generator etc. implemented approximately from June 15 to September 15 each year. Both the administrative judge and the judicial judge have clarified on several occasions that it is of little importance whether these installations can be dismantled or not or whether they create floor space or not, as article L. 121-3 of the town planning code covers "all works, constructions", " developments, installations and various works” or even the simple “parking of caravans” (CAA Marseille September 30, 2013 no. 11MA00434; Court of Bastia January 23, 2019, RG no. 17/00782); the Council of State also recalled that the “huts” were subject to the building permit regime provided for in article L. 421-5 of the town planning code (referred order, July 18, 2012, Sarl Tom Tea and Tomaselli, no. 360789), the town planning code providing for a specific regime for these installations, that of “seasonal constructions” referred to in articles L. 432-1 and L. 432-2. However, recently, the operators of these "huts" claim the right to carry out the itinerant trading activity referred to in article L. 123-29 of the commercial code: they bring on site the installations on trailers and furniture, other installations such as counters or directly “food trucks”. He therefore asks him to please clarify whether, due to the permanence for three months for example of a “food truck” or a counter placed on the ground with other installations on wheels serving as a kitchen, toilet, etc. and, in all cases, consumption on site at tables with chairs, sometimes with terrace or pergola, these facilities are well subject to the scope of application of the articles L. 121-16 and L. 121-23 of the town planning code, and consequently prohibited in principle in the 100 meter strip from the shore and in remarkable areas of the coastline.

Machine translation from French. The official text remains authoritative.

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