Permission Denied

[chouan]

I recently submitted a plan to erect a small wooden garden shed to the Mairie under the ' Déclaration de Travaux Exemptés de Permis....'. The proposal has been Opposed by the Maire on the grounds that lotissement rules stipulate outbuildings must be constructed and finished in the same materials as the principal building, brick and tile.

I understand there are 2 avenues of appeal open to me. ' Recours contentieux '.....take my case to a Tribunal, and ' Recours Gracieux '.......plead my case to the Mayor.

It would appear more sensible to appeal firstly to Mayor, and if necessary appeal subsequently to Tribunal.

Does anybody have experience of this kind of Opposition/Appeal process?

What chance may there be/not be of having an initial decision changed?

Are there any Agencies in existence from whom I could seek advice?

Any help or thoughts would be greatly appreciated.

chouan

[SaligoBay]

Before you do that, Chouan, have a look round the lotissement.  Has everybody else complied with this regulation, are there really no wooden sheds or similar illegal structures around?

We're not "allowed" to build a garage, because only a certain percentage of the terrain can be built on, but the lady in the mairie pointed out that nobody would see it from the road anyway, so if we want a garage, it's up to us.   Most of the neighbours have proper garages which clearly contravene this regulation, but once they're built, the maire isn't going to risk losing popularity by forcing people to destroy them.

Does a wooden garden shed really count as an outbuilding?   You could always put it on wheels and hide it behind the house if le maire is likely to come visiting.

 

[chouan]

I'm very tempted SB....vive la Revolution.!! Like you, I can't imagine how a small garden shed is ranked the same as ' garages, ateliers, buanderie ', but there you are.

As the parcels of land within the lotissement were all sold by the Commune, they have a list of rules of their own, " reglements ne s'appliquent qu'aux espaces privatifs; il fixe les regles et servitudes d'interet general imposees dans l'assiette fonciere du lotissement ". So Albi, in this case, without benefit of legal opinion, the shed may well contravene the local rules, but I ain't going down without a fight.!!!!!!!!

chouan

[Mikew]

When we bought our house recently, the notaire was reading through the acte and something came up regarding the lotissement that the house was built on. She (notaire) dismissed this saying that the lotissement rules had run out and we did not have to comply. I think 10 years was mentioned, so, depending on the age of the house, you may be lucky. Take advice.

 

MikeW

[Coral]

I think 10 years could be right.  When I went to sign the acte de vente the notaire pointed out that part of the land had been bought 7 years previously from the SAFER , the farming assocn, and had to be farmed for 10 years.  It was forestry and would I mind farming it for another 3 years. No problem!  It leaves it wide open for me to ask permission to put  a door in the back of the atelier - unseen from the road - so that  I can get my 'equipment' out into the 'farm land'.  I think a  porte fenetre will look rather nice.

Coral - soon to be in Ariege - I hope!