Question 12531 — town planning

Summary

Mr. Lionel Vuibert draws the attention of the Minister of Territorial Planning and Decentralization to the conditions for exercising town planning authority during the development or modification of a local intercommunal town planning plan (PLUi). In many territories, the transfer of town planning skills to the intermunicipal level has made it possible to strengthen the coherence of planning policies and to ensure development local in a more global and strategic approach. However, in the context of the development or evolution of a PLUi, it happens that guidelines or prescriptions adopted at the intermunicipal level lead to modifications of projects or requests initially validated by one or more member municipalities, in particular following technical, environmental or strategic arbitrations. If town planning competence legally falls under the public establishment of intermunicipal cooperation, these decisions can nevertheless lead to direct and significant consequences for the municipality concerned, in particular in terms of additional financial costs, management or mobilization of land, or even exposure to litigation risks, even though these developments result from choices made at a supra-municipal level. In this context, he would like to know whether the Government plans to clarify the applicable legal framework, in particular in order to specify that when the modification of an orientation or a project initially validated by a municipality is decided by the intermunicipality within the framework of the PLUi, the financial and legal consequences which result must be fully assumed by the deliberative body having decided on this modification, without incurring the responsibility of the municipality concerned.

Machine translation from French. The official text remains authoritative.

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