Practical sheet | REF: FIC0779 V1

Regulations: knowing which takes precedence when several apply

Author: Solange VIGER

Publication date: March 10, 2017 | Lire en français

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8. Which regulation takes precedence in the Classified Installations vs. Urban Planning duel?

You are the operator of a classified facility located in a building covered by a town planning document. You must comply with both the legislation governing classified facilities and the rules governing town planning, even though the two sets of legislation are independent.

The registration application file (regime E in the ICPE nomenclature) stipulates that the applicant operator must justify the compatibility of his project with opposable town planning documents, in particular the local town planning plan. The operator is advised to include a town-planning certificate in his application (this can be requested from your local town-planning department).

With regard to classified facilities subject to authorization, you must ensure that your ICPE is not located in a zone of the local urban development plan (PLU) whose regulations prohibit...

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Which regulation takes precedence in the Classified Installations vs. Urban Planning duel?
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