City Development Plans Reviewed Today Triggering Time Limits for Actions and Public Observations

The communal council of the City of Luxembourg convened today to decide on the claims brought against the General Development Project (PAG) and the Special Development Projects for Existing Areas (PAPQE), and 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.

In relation to the PAG, the communal council’s general approval decision will be published within eight days of the vote 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.

City law firm Elvinger Hoss Prussen has issued a reminder that any person who wishes to bring an action against the decisions made on the PAG, 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.

The City’s communal council may amend certain provisions of the graphic and written parts of the 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 to know about the content of these amendments will be to consult the files in the offices of the competent departments of the communal administration.

Any observations against these amendments must be made and submitted to the Minister within fifteen days from the publication of the communal council’s decision. 

Decisions on the PAPQE 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.