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Local Urban Development Plans and the environment

scope of the “Grenelle II” legislation

In a judgement handed down on 4 July, the Administrative Court of Nice set aside the decision by a municipality in the Alpes-Maritime département, which had seen the Municipal Council approve the new Local Urban Development Plan (known as a “PLU”) for the local area.

Following an initial judgement setting aside its decision, the Municipal Council concerned had decided to resume the process of drafting the PLU at the public inquiry stage, but failed to ensure that the urban planning document took into account the new provisions introduced by the national environment Act of 12 July 2010, commonly referred to as “Grenelle II”.

As a result, the PLU approved by the Municipality included no analysis of the use of natural, agricultural and woodland spaces, and did not clarify the indicators needed to analyse the plan’s impact (as stipulated by Article L.153-27 of the Code of Urban Planning Law), despite both of these elements being required by the Grenelle II legislation.

Finding that the presentation report and the draft planning and sustainable development project were both affected by these irregularities, the Administrative Court duly set aside the decision approving the PLU.

Since there in no way to remedy the situation and bring the decision into line with the law, the Court also dismissed the Municipality’s application for a stay of proceedings.

As a result of the Court’s ruling, the Municipality no longer has a binding PLU and its entire territory is now subject to the National Planning Rules.

The Real Estate & Construction team at CMS Pasquier Ciulla Marquet & Pastor is ready to help you navigate the urban planning rules applicable to your properties, and to challenge them where necessary.

Authors

The picture of Sophie Marquet
Sophie Marquet
Avocat Associé | Partner
Monaco
The picture of Sarah Rolland
Sarah Rolland
Senior Associate
Monaco