Planning permission: neighbours not given special notice
Planning permission: neighbours not given special notice
"When a building permit is put out to public enquiry, does the local authority have to notify neighbours that it is in favour of a request that would involve a departure from the regulations? Shouldn't it be up to everyone to read the notice sheet to find out the objection period?
Tony, Vaud
In accordance with the Vaud Planning and Building Act, no construction or demolition work, above or below ground, that significantly alters the configuration, appearance or use of a plot of land or a building may be carried out without prior authorisation.
The permit application is sent to the Municipality, which then puts it out to public enquiry for 30 days, after checking that the project complies with the law and that the necessary cantonal and federal authorisations have been granted. The notice of the enquiry is then published in the Feuille des avis officiels, the local newspaper and on the official website of the State of Vaud; it is also posted on the public pillar. In addition to the necessary information such as the name of the owner, any exemptions requested are also clearly indicated. The period for lodging an intervention or an objection begins the day after publication in the Feuille des avis officiels. Any interested party then has 30 days to lodge an objection. At the same time, the building permit application and its appendices are made available to the public at the municipal registry or at the technical department of the municipality concerned.
The law does not provide for any notification of neighbours, even in the event of an exemption. Practice is no different. Neighbours are among the "interested parties" and can therefore lodge an objection after consulting the Official Gazette or other media in which the invitation to tender is published.
Once the Municipality's decision has been taken, it is communicated to the applicant for authorisation and to those who have submitted comments or objections.
With a few minor differences, the procedure in Geneva is similar to that in the canton of Vaud. The permit application is sent to the Department of Buildings and Information Technology, then published in the Feuille d'avis officielle; any exemptions required are also mentioned in the Feuille d'avis officielle. However, before the decision-making authority takes a decision, the permit application is subject to prior notice from the municipalities, departments and bodies concerned. However, this advance notice is only indicative.
Whether in Geneva or in the canton of Vaud, the legal procedure does not provide for any notification of neighbours, even if an exemption is involved. It is therefore up to everyone to find out how long they have to lodge an objection.
