Yvelines: the court rejects the local urban plan of Chambourcy

Formal defects and a substantive irregularity motivated the administrative court of Versailles to cancel the local urban plan, PLU, of Chambourcy, voted in July 2019. The court accuses the town of having modified its plan after the public inquiry procedure and for having authorized constructions too close to a motorway.

Since the court’s decision, the previous urban plan, dating from 2009, applies again. On the merits, the main complaint formulated by the court points to the too close proximity of the planned constructions to the A14. The Chambourcy PLU authorizes new constructions in a strip of 55 meters from the axis of the A 14 motorway. However, the town planning code (following the Barnier law of 1995) prohibits construction in a strip of 100 meters on either side of a highway. Derogations are possible, but on the condition of producing a study “justifying that this derogation is compatible with the consideration of nuisances, safety, architectural quality, as well as the quality of town planning and landscapes” . However, the court notes that the municipality has produced no document which could justify such a derogation.

Retards

Without disputing this point, the mayor claims to have difficulty understanding the court’s decision. He indicates that the city will appeal and ask for a “stay of execution of the decision”. In the meantime, the community will restart the PLU procedure. “We are carrying out the three steps at the same time to try to go quickly,” said Pierre Morange, the mayor of the town.

The latter is indeed worried about the delays caused by the rejection of the urban plan. “The court did not question the general philosophy of our text. The cancellation of the PLU is a serious measure which penalizes important projects for the municipality, particularly concerning dependency and disability ”, affirms the elected official who is thinking in particular of the“ Convergences ”project. The latter includes a neuroscience center, psychiatric services (in connection with the Poissy hospital), a follow-up and rehabilitation care establishment, a medical residence for the elderly, a nursing home.

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