HOW IS THE LOCAL URBAN DEVELOPMENT PLAN (PL) AMENDED FOLLOWING THE PUBLIC ENQUIRY?

Modification of the PLU after public enquiry

Following comments from the public on the imprecise nature of the concept of mineralised surface, the investigating commissioner had recommended revising the wording of several sections of the draft regulation of local urban development plan relating to open spaces and plantations in the municipality.

After thepublic enquiryThe local authority has therefore amended these articles by exempting certain buildings used for commercial purposes or housing service activities or other activities in the secondary or tertiary sector from the rules relating to open spaces and planting.

The Conseil d'État states thatbetween the date of submission to thepublic enquiry and the date of its approval, the draft plan may only be modified provided that these modifications do not call into question the general scheme of the project and that they are the result of an enquiry. (article L. 153-43 of the town planning code).

Accordingly, the following must be regarded as forming part of the investigation :

-public comments,

-the opinions issued by the authorities, local authorities and bodies consulted, attached to the enquiry file,

-modifications to take account of the reservations and recommendations of the commissioner or commission of enquiry.

Conseil d'Etat ruling, 17 March 2021, no. 430244

What you also need to know (Modification of the PLU after public enquiry) :

The "classic" modification (also known as the "common law modification") is a procedure for rapidly changing the local urban development plan (PLU), PLUi).

It is carried out by the local authority or the body responsible for the PLU(i). It is based primarily on an "environmental" public enquiry.

This amendment to the ordinary law allows the :

-Rules (written and graphic),

-development and programming guidelines (OAP)

-or the guidance and action programme (POA) of the PLU(i).

Unless otherwise provided by law, it is used in particular for :

-. Increase by more than 20 % the construction possibilities resulting from the implementation of the PLU(i) rules;

-. Reduce these building opportunities ;

-. Reduce the surface area of an urban area (U zone) or to be developed (AU zone) ;

-. Or apply the article L. 131-9 of the town planning code (concerning PLU(i) in lieu of a local housing programme).

However, this amendment procedure cannot be used in cases requiring a revision (general or simplified) of the local urban development plan. In other words, when the purpose of changing the PLU(i) is to :

-. Change the guidelines set out in the sustainable development plan (PADD) of the PLU(i) ;

-. Reduce a classified wooded area (EBC), an agricultural zone (zone A) or a natural and forestry zone (N zone), or a protection enacted because of the risks of nuisance, the quality of the sites, landscapes or natural environments ;

-. Open up an urban development zone (AU zone) which, in the 6 years following its creation, has not been opened up for urban development or has not been the subject of significant land acquisitions by the municipality or the body responsible for the PLU(i).