Question 26209 — town planning

Summary

Ms. Stéphanie Kerbarh draws the attention of the Minister of Territorial Cohesion and Relations with Local Authorities to the application of the Housing, Development and Digital Development law known as the “Élan” law of November 23, 2018 in the territories. This law made several changes to town planning law. First of all, article 42 of the law amending article L. 121-10 of the town planning code provides that, with regard to “constructions or installations necessary for agricultural or forestry activities or marine cultures [...] the change of destination of these constructions or installations is prohibited”. She would like to know whether this ban on change of destination only concerns newly authorized agricultural or forestry constructions or whether it also concerns existing constructions. State services propose a restrictive reading of this article, recommending applying it to all existing buildings. This has the consequence of leading to a refusal to change destination in buildings already identified in the PLUs, which endangers the local built heritage. Furthermore, this same article 42 modifies article L. 121-8 of the town planning code, thus creating a new zone entitled “space intermediate already urbanized”. The DDTMs tend to strictly apply the criteria set out in the law, which leads to a reclassification of buildable land into non-buildable land. This situation penalizes several territorial projects in the ninth constituency of Seine-Maritime, in particular a project to revitalize a former heliomarin center in the commune of Saint-Pierre-en-Port. In this specific project, the State, through the Public Investment Bank and the Normandy Development Agency, guarantee the buyers with the banking institutions up to 225,000 euros. Currently, the requalification of land carried out by the DDTM leads to a halt to the project. She would therefore like to know his intentions on this issue.

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