European UnionI was denied planning permission while my neighbour got it. Is this discrimination in property rights?
Being denied planning permission while your neighbour received it is not automatically discrimination — planning decisions must be based on objective, site-specific criteria, not equal outcomes.
What the Law Says
EU law prohibits discrimination in the exercise of property rights, but planning permissions are governed primarily by national law — not EU harmonisation. The Charter of Fundamental Rights of the EU sets the baseline standard.
The Charter of Fundamental Rights of the European Union (CFR) applies to Member States only when they are implementing EU law. Planning permission decisions are generally matters of national competence, so the CFR does not directly govern them — unless EU environmental or procedural rules (e.g., EIA Directive) are engaged.
Article 21(1) CFR prohibits discrimination on grounds such as nationality, property ownership, or residence — but it does not require identical treatment where objective differences exist. A different outcome for neighbouring properties is lawful if justified by distinct features: plot size, zoning, heritage status, environmental impact, or compliance with local development plans.
The Court of Justice of the EU (CJEU) has clarified that equal treatment does not mean identical treatment — rather, it means comparable situations must not be treated differently without objective justification.
Statutory TextAny discrimination on grounds of nationality shall be prohibited.
— Charter of Fundamental Rights of the EU, Art. 21(2)
Statutory TextEveryone is equal before the law.
— Charter of Fundamental Rights of the EU, Art. 20
What Courts Have Said
The CJEU and national courts have consistently held that differing planning outcomes between neighbours do not amount to unlawful discrimination if grounded in objective, case-specific assessments.
The CJEU reaffirmed that equal treatment requires objective justification for differential treatment — not uniform results. National authorities may treat similar cases differently only if distinctions are based on relevant, verifiable factors.
What to Do
Review the written reasons for refusal — check whether they cite specific, factual grounds (e.g., flood risk, protected trees, non-compliance with local plan).
Compare your application’s technical details (site plan, height, materials, access) with your neighbour’s approved submission — differences may justify different outcomes.
Check if the decision breaches national procedural rules (e.g., failure to consult, missed deadlines) — this may be grounds for appeal, even without discrimination.
File an administrative appeal within your country’s deadline (often 30 days) — most EU Member States allow challenge before a regional administrative court or planning tribunal.
Seek legal advice to assess whether the decision was arbitrary, irrational, or based on irrelevant considerations — which could engage Article 6 ECHR (right to fair hearing) or national constitutional protections.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.