Lawyer for public inquiries for urban planning projects

Are you facing a public inquiry procedure concerning a development or construction project? Our lawyers specialized in public inquiries are here to support you through all stages of this process. Whether it is a building permit, a land use authorization or an environmental assessment procedure, our expertise is a major asset to protect your interests.

Our expert lawyers in urban planning law provide you with in-depth knowledge of the regulations, deadlines, and mechanisms specific to these procedures. The Local Urban Plan (PLU) is the main land planning document for local authorities. Its development revolves around several key stages, including submission to a public inquiry, to ensure transparency of decisions.

Lawyer specializing in public inquiries to decipher the objectives of the procedure

The public inquiry is a procedure for informing and consulting the public prior to decision-making concerning a project with an impact on the environment or land use planning. Its main objective is to allow citizens to learn about the project, formulate observations and opinions, and thus influence the final decision of the competent authorities.

The procedure is conducted by a public inquiry commissioner (or an inquiry commission) appointed by the president of the administrative court or the territorially competent prefect. It guarantees transparency and participatory democracy in the development of projects. The public inquiry commissioner has a dual mission: to inform the public about the project, and to collect, analyze, and synthesize the observations gathered in order to transmit them to the decision-making authority.

This procedure differs from simple consultation or public disclosure measures, which are generally initiated by the project owner. The public inquiry, on the other hand, is a formal procedure governed by law. It is mandatory for many projects, whether carried out by the State, a local authority, a public company, or a private company, before any significant decision.
If you wish to challenge a project subject to a public inquiry, it is essential to actively participate in this procedure by presenting clear observations to the investigating commissioner. Challenging a public inquiry requires the expertise of our lawyers competent in urban planning law, environmental law, or construction law.

Our expertise in this area is demonstrated by a perfect mastery of the legal framework governing public inquiries:

• the Environmental Code;
• the Urban Planning Code;
• the Building and Housing Code;
• the relevant case law.

We support our clients in understanding the issues and implications of each zoning project. We advise them on the best strategy to adopt to make their voice heard and defend their interests. We assist them in drafting relevant and well-argued observations, ensuring their legal admissibility.

Our team can also go directly to the investigating commissioner to orally submit our observations and review all PLU documents at the town hall. Our lawyers specializing in public inquiries represent you, if necessary, before the investigating commissioner, guarantor of the impartiality and independence of the procedure.

Determine the different categories of public inquiries with the assistance of our specialized urban planning lawyers

There are mainly two major forms of public inquiries, each governed by a specific legal framework and serving distinct objectives. Understanding these distinctions is essential to grasp the issues of a project and the modalities of public participation. As lawyers specialized in public inquiries, we shed light on these different categories.

The public inquiry required by the Environmental Code

The public environmental inquiry is governed by Articles L.123-1 to L.123-19 and R.123-1 to R.123-24 of the Environmental Code. It is implemented for projects of works, structures, or developments requiring an impact assessment, in accordance with Articles L.122-1 and R.122-2 of the same code.
It is also required for plans, schemes, and other planning documents subject to an environmental assessment. It is notably found for projects to create national parks, marine nature parks, for national or regional park charters, as well as for projects to register or classify sites as nature reserves and determine their protection perimeter.

Public information about the holding of this inquiry must be carried out at least fifteen days before its opening, through publications in two newspapers, postings on the project site and in the municipalities concerned, and online posting on the prefecture's website.

The public inquiry governed by the Code of Expropriation for Public Utility Purposes

The public inquiry in the context of the expropriation procedure has a minimum duration of fifteen days. It concerns projects that do not require an environmental impact assessment or are likely to infringe on property rights. In this case, public information is provided by a public declaration at least eight days before the opening of the inquiry. The publication and display procedures are similar to those of the environmental public inquiry.

Our lawyers specializing in public inquiries advise you on the legal qualification of the category applicable to your situation. We ensure compliance with information and public participation procedures. We assist you in preparing your file. We collaborate with technical experts for a multidisciplinary approach to cases.

What types of projects are subject to the obligation of a public inquiry?

Various projects, due to their nature and potential impact on the environment or land use planning, necessarily require a public inquiry.

Classified installations for environmental protection (ICPE)

Projects involving ICPE, such as factories and agricultural activities likely to cause nuisances to public health or the environment, are frequently subject to a public inquiry. This procedure allows gathering the opinions of residents and stakeholders on the proposed measures and adapting them if necessary.

Projects affecting national parks

Any project likely to affect a national park, whether it involves constructions, quarry operations, or modifications to the bed of a watercourse, is generally subject to a public inquiry. This procedure aims to guarantee the preservation of these protected natural areas and to gather public opinion on the potential impacts of the projects.

Land use plans and programs

Territorial planning documents are also subject to public inquiries. These are the territorial coherence scheme (SCoT), the local urban plan (PLU or PLUi) or the local housing program (PLH). These documents define the guidelines for land use planning and development. These inquiries allow for gathering public opinion on planning choices and ensuring their adequacy with the needs and expectations of the populations.

The expertise of our lawyers specialized in public inquiries is essential to determine whether a project is subject to the procedure. We support project leaders or persons wishing to make their observations. We analyze the characteristics of each project with regard to applicable regulations and advise our clients on the steps to take.

Know your rights and duties as a participant with the help of our lawyers specializing in public inquiries

Participating in a public inquiry is a right open to everyone, without any particular condition or restriction. Any citizen informed of the holding of an inquiry is encouraged to participate in order to contribute to the public debate and influence decisions. However, this participation takes place within a legal framework involving rights and obligations that our lawyers specialized in public inquiries help you understand.

What are the rights of participants in a public inquiry?

Every participant has the right to consult the investigation file, made available by the competent authority in the places where the investigation takes place. This file contains all the information relating to the project and allows for an informed opinion. It is possible to consult the observations made by other citizens, which enriches one's own reflection and identifies points of convergence and divergence.

Each participant has the right to present their comments, suggestions, and counter-proposals, orally or in writing, on the inquiry register or electronically. In accordance with Article L.123-1 of the Environmental Code, the decision-making authority is required to take into account all expressed opinions.

What are the obligations of a participant in the public inquiry?

Participation must be carried out in compliance with established rules and the legal framework. Observations must be constructive, reasoned, and respectfully formulated. The inquiry register is not a place for personal attacks, defamatory allegations, or insulting remarks. Participants are obliged not to hinder the smooth progress of the inquiry and not to unduly influence the inquiry commissioner.

The expertise of our lawyers specialized in public inquiries is invaluable for ensuring respect for your rights and obligations during your participation. We advise you on the relevance and formulation of your observations. Our team ensures compliance with the principles of transparency, impartiality and equal treatment of participants.