Renovation in a non-constructible zone
What about renovation in areas where building is not permitted?
In a non-constructible sector of a communal mapThe renovation of a winegrower's house is not possible if the winegrowing activity is insufficient.
It applies to a small winegrower who is also a garage owner.
The mayor of the commune of La Livinière in the Hérault refused planning permission. The aim was to renovate and extend a "winegrower's house".
The reason for the refusal was that :
-the land is located in an area where construction is not permitted under the carte communale (local development map)
-and that it is not served by the public drinking water and sewerage networks.
The claimant therefore contested the decision. After being dismissed at first instance and on appeal, he appealed to the Court of Cassation.
Rejected by the Conseil d'État, which ruled that the graphic documents of local maps delineate areas where construction is prohibited, with the exception of that required, in particular, for farming. In order to verify that the building is necessary for farming, the authorities must first ensure that farming is actually taking place. In other words, that a consistent agricultural activity is actually being carried out.
In this case :
The applicant's wine-growing activity is not sufficiently substantial to be considered an agricultural holding:
- the applicant does not specify the specific conditions of his winegrowing activity;
- He works as a garage mechanic 140 kms from La Livinière;
- the area he farms (4 hectares, 74 ares and 60 centiares of vines) is significantly less than the minimum area required to set up a vineyard in Hérault.
As the proposed construction was not necessary for agricultural activity, the Conseil d'État upheld the legality of the refusal to grant planning permission.
"The communal map delimits [...] areas where construction is not permitted, with the exception of the adaptation, change of use, repair or extension of existing buildings or buildings and installations required for public facilities, provided that they are not incompatible with agricultural, pastoral or forestry activity [...] and that they do not adversely affect the preservation of natural areas and landscapes, agricultural or forestry use or the development of natural resources" (C. urb. art. L 161-4).
The bill on the evolution of housing, development and the digital economy (Élan) :
- clarifies the wording of this text
- by restoring the possibility of building equipment necessary for farming and forestry (. Cf. Projet de loi Élan n° 178 adopté par l'AN le 3-10-2018 art. 12 ter).
The law of 27 July 2010 on the modernisation of agriculture and fisheries "unhappily" removed this possibility, which now only appears in the regulatory part of the Town Planning Code (C. urb. art. R 161-4).
In this ruling, the Conseil d'Etat deduced from the combination of the current article L 161-4 of the Code de l'urbanisme and article R 161-4 that buildings necessary for farming may be authorised. Therefore, in order to verify that the building is necessary for farming, it is first necessary to ensure that farming is actually taking place.
In this case, the applicant's winegrowing activity was not sufficient to be considered a farm. Consequently, under the Town Planning Code, the proposed building could not be authorised.
It should also be noted that the Élan bill makes building more flexible. It therefore authorises the construction of annexes close to an existing building in these non-constructible areas of local maps.
Renovation in a non-constructible zone
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