Par Writing Seine-Saint-Denis
Published on 20 Jul 23 at 17:04 See my news Follow Actu Seine-Saint-Denis The administrative court of appeal of Paris disavowed the subsidiary of Suez, which coveted the land, located at 59, bis rue Sadi-Carnot, in Aubervilliers. (© Illustration/Adobe Stock – Gwendal Le Priellec)
The cour administrative d’appel of Paris disavowed a subsidiary of Suez which opposed the preemption exercised by theIle-de-France public land establishment (EPFIF) of land it owned, at 59, bis rue Sadi-Carnot, in Aubervilliers (Seine-Saint-Denis), and that it wished to sell to another entity of the recycling group.
A key plot, close to the future stations of metro line 12
The city of Aubervilliers and the Public Territorial Establishment (EPT) of Plaine Commune had concluded a “land intervention agreement” on November 29, 2019, and entrusted the EPFIF with the mission “to acquire property with a view to the overall production of housing, including social rental housing”.
A “diagnosis of mutability” of the Pont-de-Stains site, and more particularly of the Faure-Carnot islet, where the disputed plot is located, had, in this context, been established in October 2020. The study concluded with the possibility of building “568 housing units, including 53 social housing units” on a total area of 37,300 m². This plot has “significant potential”, since it is “nearby the future poles of “Aimé-Césaire” and “Mairie-d’Aubervilliers” stations, which will be served by the metro line 12.
But the Suez group also coveted this land. He had also sent his declaration of intent to alienate (DIA) to the town hall of Aubervilliers on January 27, 2021. However, three and a half months later, on April 15, 2021, the EPFIF had exercised its “ right of pre-emption” on this plot at the price of “a symbolic euro”, relates the administrative court of appeal of Paris.
A partial annulment at first instance
Suez RV – Osis Île-de-France had therefore initially seized the Administrative Court of Montreuil. He had simply quashed the decision insofar as it put responsibility of Suez for depollution work. The company had therefore appealed against the judgment to obtain the cancellation of the decision “in its entirety”, and 6,000 euros in legal costs.
For this, the Suez subsidiary initially complained of not having received “notification” of this pre-emption decision. But this circumstance is “without influence on its legality”, immediately dismisses the Paris Administrative Court of Appeal, in a judgment dated June 21, 2023, which has just been made public.
“To legally exercise this right”, the communities must, among other things, “show the nature of this project in the decision”, and their preemption “must respond to a sufficient general interest”, recall the Parisian administrative judges.
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“No reality to the project”, according to Suez
In this case, Suez contested the “reality” of the housing “project” carried out by the EPFIF rue Sadi-Carnot insofar as the sector “is only intended to bring together the major areas of economic activity secondary and not tertiary. Vocation confirmed by a Development and Programming Orientation (OAP) for the Pont-de-Stains sector, which had been appended to the local inter-municipal urban plan (PLUi) of Plaine Commune.
But the “diagnosis of mutability”, carried out in October 2020, shows that the EPFIF “plans an evolution of the PLUi regulations, desired by the city of Aubervilliers, in order to allow the realization of the housing program”. A “feasibility study” was also carried out in April 2021, taking into account a future classification grouping together ” many urban functions (housing, shops and services, activities, equipment)”, underline the judges.
Finally, “if the company (…) maintains that the price (…) proposed by the EPFIF is much lower than the sale price mentioned in the declaration of intention to alienate, such a circumstance cannot suffice (…) to demonstrate that this public establishment did not intend to carry out the planned operation”, concludes the administrative court of appeal of Paris.
“The EPFIF must be regarded as justifying, on the date on which it exercised the right of pre-emption, the reality of a project of action or development operation meeting” the objectives listed in the code of the planning, she concludes.
/CB (PressPepper)
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