The essential city map of Toulouse Métropole, a document that lays down the rules of construction and housing, in particular for obtaining building permits, was repealed by the Toulouse Administrative Court on Tuesday March 30th. However, this judgment will not take effect immediately in order for the parties concerned to discuss a possible modulation of this repeal over time. The city map is considered insufficient to mitigate the consumption of natural spaces.
It is not for nothing that the scales are the symbol of justice. The judgment published by the Toulouse Administrative Court on Tuesday March 30th shows a very legal balance indeed. The judge certainly overturned the Toulouse Métropole intermunicipal urban planning plan (PLUiH) following the conclusions of the public rapporteur, who saw this plan as too consuming of natural, land and forest areas and did not do enough to combat urban sprawl, however he decided to keep the decision at the time this repeal came into force. This opens up the possibility of a possible temporal modulation of this cancellation, which is required by Toulouse Métropole.
Delay or three years lost?
Indeed, during the public hearing, the city administration requested that the effects of this repeal should be modulated over time in the event of the PLUi-H being repealed by the judge of first instance. The metropolis has 15 days to send additional information to the tribunal. The municipality wishes to reserve the right to submit all the arguments that it presents to the administrative judge. For the political opposition group Alternative Métropole Citoyenne, “this repeal means a return to the urban planning rules that were in place in the 37 municipalities before the PLUiH vote, as soon as the administrative court’s annulment came into force. So these are three lost years for the metropolis Toulouse. “
Canceled without immediate effect
“The repeal of an administrative act basically implies that this act is regarded as never having taken place. (…) However, the administrative judge has the option to ensure that the repeal will only take effect at a later point in time,” he explains to the court, which “has decided to suspend the decision on that Effective Date to allow the parties to discuss the need to change the effects of this suspension in a timely manner. It will make its decision on this point at the end of the year. ” a new public hearing “. In other words, the new city map that lays down building and housing rules in the metropolis’s 37 municipalities will be repealed, but will not be repealed immediately. During the period thus opened, the parties involved in the trial will Such a modulation would enable Toulouse Métropole to avoid the cancellation of the building permits already issued on the basis of the PLUiH concerned and possibly to modify this plan in order to bring it into line with the law.
Censored projects in Castelginest and Tournefeuille
On the matter, the administrative judge perfectly followed the uncompromising conclusions of the public rapporteur, since the objective of the use of space on which the PLUIH was based “did not bring about an effective moderation of this consumption, but at the same time”. “Land and forest areas compared to the previous decade”. In addition, of the 41 specific requests relating to the rules applicable to certain areas, the court issued 11 requests for which it considered that “the measures taken were inconsistent with the general planning party and / or were compatible with the characteristics of the properties “. In particular, the development and programming guidelines (OAP) for the areas” Parc Boyer “in Castelginest and” La Ramée-Marquisat “in Tournefeuille were censored.
Building permit for review?
For Stéphane Aubay, President of the Association of Real Estate Developers (FPI) Occitanie Toulouse Métropole, “the return to the PLU will change, for each municipality, the constructibility of certain plots up or down and certain projects for which the permits are not in place.” issued will likely need to be reviewed and adjusted.
Regardless, the need for living space is still there. The communities are more aware of this than ever and I am sure that they will continue to issue permits so that we can meet these requirements. We will learn more about these application conditions in the coming weeks and months. In the meantime, we all remain mobilized for our projects. “