TOWN PLANNING: TRANSFER OF PL POWERS AND VALIDITY OF DECISIONS TAKEN SINCE 1 OCTOBER 2020

Plu and deliberations

Lawyers in Bastia, Lawyers in Corsica, Lawyers in town planning law

A ministerial reply dated 20 May confirms that all decisions taken since 1 October 2020 will be taken into account as part of the procedure for the automatic transfer of responsibility for local town planning schemes (PLU) from communes to communities of communes and agglomeration communities.

L'article 7 of law no. 2020-1379 of 14 November 2020 authorising the extension of the state of health emergency and containing various measures for managing the health crisis had postponed until 1 July 2021 the deadline for implementing the mechanism for the automatic transfer of jurisdiction over local town planning schemes (PLU) from communes to communities of communes and agglomeration communities, as initially provided for in thearticle 136 of law no. 2014-366 of 24 March 2014 for access to housing and renovated town planning (ALUR).

URBANISM: Plu and deliberations

In order to provide legal certainty for decisions already taken by local authorities in this area, the law no. 2021-160 of 15 February 2021 extending the state of health emergency provides, in article 5, that the period within which at least 25 % of the communes representing at least 20 % of the population may oppose the transfer to the communauté de communes or communauté d'agglomération of jurisdiction over the PLU, the town planning document in its place or the carte communale runs from 1 October 2020 to 30 June 2021.

This means that all decisions taken since 1 October 2020 will be taken into account as part of this procedure.

It will therefore not be necessary for the municipalities concerned to deliberate again.

Rép. min. n° 20440 : JO Sénat, 20 May 2021, p. 3305, J. Guerriau

Lawyers in Bastia, Lawyers in Corsica, Lawyers in town planning law

What you also need to know:

1.

The local town planning schemes have replaced the "Plans d'Occupation des Sols" (POS) decentralised in 1983, since the law of 13 December 2000 on urban solidarity and renewal.

Le Local Town Planning Scheme (PLU) is an urban planning document. At the level of a group of communes or a commune, it reflects an overall development and town planning project. It also lays down the rules for land use and development.

Le PLU must comply with the general principles set out in Articles L. 110 and L. 111. L. 121-1 of the town planning code and determine the conditions for spatial planning that respects the principles of sustainable development by providing sufficient construction and rehabilitation capacity to meet the needs of housing and public facilities, economic, commercial or tourist activities, sport and culture.

It sets out a diagnosis, based on the same criteria as for SCOTs, and includes a presentation report, a sustainable development plan (PADD), general planning and programming guidelines, regulations and appendices (public utility easements, etc.). Each of these documents may include one or more graphic documents.

This document, which summarises the development of areas to be developed, renovated, restructured or redeveloped, incorporates the provisions of local housing programmes and urban travel plans, where the PLU is drawn up at inter-municipal level.

2.

In the absence of an inter-communal PLU, it may SCOT :

-with the agreement of the Prefect,

-include town planning provisions that fall within the sole remit of a SCOT.

Le presentation report, based on a territorial analysis, explains the choices made in drawing up the PADD, the development and programming guidelines and the regulations. It presents an analysis of the consumption of natural, agricultural and forestry areas. It must justify the objectives set out in the PADD in terms of land consumption targets.

The PADD sets out the urban planning project of the EPCI or the municipality. It defines the general guidelines for development, infrastructure and town planning policies, the protection of natural, agricultural and forestry areas, and the preservation or restoration of ecological continuity.

Finally, it lays down general development guidelines and sets targets for reducing the consumption of space.