01/11/2013 |

La modulation dans le temps des effets de l'annulation du permis de construire a-t-elle un avenir ?

Note sous CAA, Bordeaux, 11 juill. 2013, n° 11BX02706, SCI Les Chevêches - Construction Urbanisme 2013, comm. n° 152

The annulment of planning permission means in principle that the permission is deemed never to have existed; however, if it appears that this retroactive effect of the annulment is likely to have manifestly excessive consequences because of the public interest that may attach to temporarily maintaining its effects, the administrative court must take into consideration, on the one hand, the consequences of the retroactivity of the annulment for the various public or private interests concerned and, on the other, the drawbacks that limiting the effects of the annulment in time would entail with regard to the principle of legality and the right of litigants to an effective remedy.

Blatter Seynaeve
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.