This Friday 28 April 2017, the communal council of the City of Luxembourg is convened:
- to decide on the claims brought against the General Development Project (Projet d'Aménagement Général) and the Special Development Projects for Existing Areas (Projets d'Aménagement Particuliers Quartiers Existants),
- to decide on the approval of such plans by potentially amending them based on the opinion of the development committee (commission d'aménagement) or the assessment unit (cellule d'évaluation) and on the submitted claims.
1 . Concerning the communal council's decisions on the General Development Plan:
Within eight days of the vote, the communal council's general approval decision will be published according to the usual procedures and notified by registered letter with acknowledgement of receipt to any person who has filed claims in writing, with the decision made based on their claims.
Any person who wishes to bring an action against the decisions made, in view of their claim and/or the general approval decision, must refer to the Minister for Home Affairs and the Greater Region, within fifteen days after receipt of the registered letter mentioned above, under penalty of foreclosure. Failing that, any claim, any subsequent remedy will be declared inadmissible.
The Minister will decide on the claims that have been referred to him. His decision may be challenged before the administrative tribunal.
2. Concerning the amendments made by the communal council to the General Development Plan:
The City's communal council may amend certain provisions of the graphic and written parts of said Plan, in particular on the basis of the development committee's opinion and/or the submitted claims.
Any person who is potentially concerned by these amendments, other than the claimants themselves, will not be directly informed.
The only way of seeing what these amendments are is by viewing the plans displayed at the Town Hall in the ceremonial room adjacent to the Bierger-Center and/or which appear on the website https://pag.vdl.lu.
Any objections to these amendments must be submitted to the Minister within the fifteen days starting on 8 May 2017 until 23 May 2017.
3. Concerning the communal council's decisions on the Special Development Projects for Existing Areas (Projets d'Aménagement Particuliers Quartiers Existants):
Those decisions will be directly submitted to the Minister for Home Affairs for approval. The law does not provide any claim to be submitted to the Minister. The only option is to bring an action before the administrative tribunal against the decision of approval of the Minister.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.