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Operating permit for classified establishments (‘commodo/incommodo’)
CLASS 2 CLASSIFIED ESTABLISHMENTS
Submitting the application
Two copies of the permit application for class 2 establishments must be sent by registered letter with acknowledgement of receipt to the mayor of the commune in which the establishment plans to operate.
The applicant must also produce an additional copy for each neighbouring commune where the boundaries of the establishment are situated within a 200-metre radius of parcels of land or portions thereof belonging to said commune as per the cadastral map.
Within 45 days following acknowledgement of receipt of the permit application, the mayor shall send a letter to the applicant informing them if their application is complete or not.
If the application is incomplete:
- the competent authority shall indicate which information is missing and ask the applicant to provide said missing information. This request shall only be made once;
- the applicant then has 120 days in which to provide the missing information in a single registered letter with acknowledgement of receipt. The applicant can submit a written request asking for the deadline to be extended by a further 30 days, stating the reason for the request;
If the applicant fails to provide the missing information within the time permitted, the application shall be considered invalid.
- the competent authority then has 25 days following acknowledgement of receipt of the missing information to inform the applicant that their application is complete.
- if the application is still deemed incomplete, the applicant shall be invited to state their case within 7 days.
The competent authority has 15 days following the hearing to draw up a report on the state of the application and send it to the applicant by registered letter with acknowledgement of receipt.
Public inquiry (commodo/incommodo)
For a period of 15 days, starting no later than 10 days after the application is considered complete, the communal authority in question:
- displays a notice in the town hall stating the objective of the permit application;
- displays a clearly visible notice at the site at which the establishment plans to operate;
- files the full application with the town hall where it may be consulted by any interested parties;
- publishes the application in at least 4 daily newspapers printed and distributed in Luxembourg, for localities with more than 5,000 inhabitants. Publication costs are at the expense of the applicants.
After a period of 15 days, the mayor or the mayor’s representative shall collect all written observations and carry out a public inquiry, where any interested party can present their case.
The public inquiry shall be closed and a decision taken no later than 30 days after the legal time frame for displaying notices.
Notification of the decision
The mayor’s decision is:
- notified to the applicant(s) (business operator, applicant, etc.);
- and a copy is sent to the Environment Agency and the Inspectorate of Labour and Mines.
Those who submitted observations shall be informed of the decision taken by the commune concerned by registered letter with acknowledgement of receipt (or via a notice published in at least 4 newspapers at the expense of the applicant).
For as long as an establishment is in operation, a copy of the permits issued to said establishment shall be kept at the commune and may be freely consulted.