Question 8715 — town planning

Summary

Mr. Julien Gokel draws the attention of the Minister of Regional Planning and Decentralization to the need to develop the urban right of pre-emption in order to allow local authorities to better support the ecological transition. In a context of reindustrialization and ecological transition experienced by many territories, local authorities play a central role in guaranteeing a coherent, sustainable development accepted by residents. The implementation of environmental compensation measures, when development or industrial projects generate damage to biodiversity or remarkable natural sites, requires an anticipated and proactive land strategy. However, the legal tools currently available to elected officials prove insufficient to enable such strategic action, particularly in terms of land control. For example, as part of the industrial renewal of its industrial-port platform, the urban community of Dunkirk (CUD), under the leadership of its president Patrice Vergriete, has developed an ambitious land strategy to guarantee the implementation of environmental compensation measures on its territory. This strategy aims to secure project leaders through sites “ turnkey" to compensate for their possible impacts, to preserve or create natural spaces in urban areas serving the quality of life and the acceptability of projects and to guarantee the coherence and ecological quality of the compensatory measures. Outside of areas under public land control, amicable negotiations are possible and should always be favored. However, legal tools today mobilizable, such as the real environmental obligation (ORE) or the long lease, are not suitable for land that still has a high land value. Above all, the right of pre-emption, as defined in articles L. 210-1 and L. 211-1 of the town planning code, does not allow communities to acquire land with the aim of implementing ecological compensation, renaturation or development measures. natural spaces. These purposes are in fact not expressly provided for in Article L. 300-1 of the same code. Many industrial or reconversion areas are undoubtedly facing similar difficulties. It therefore appears necessary to evolve the legal framework of the right of pre-emption in order to provide elected officials and communities with the levers adapted to these emerging issues, in line with the national objectives of ecological transition. He therefore asks whether the Government plans to modify the town planning code to broaden the purposes of the right of urban pre-emption to territorial strategies of environmental compensation, renaturation or preservation of natural spaces.

Machine translation from French. The official text remains authoritative.

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