The Toulouse administrative court of appeal confirms the legality of the building permit issued on March 1, 2022 by the mayor of La Calmette authorizing the creation of a Super U hypermarket in the Petit Verger development zone.
The project to create a Super U hypermarket in La Calmette was the subject of a request submitted at the end of 2018. The refusal of a building permit initially opposed to this request on September 10, 2019 was canceled by a judgment of December 23, 2020 of the Marseille administrative court of appeal.
It was following the re-examination of this request and after a favorable opinion issued on November 10, 2021 by the National Commercial Development Commission, that the mayor of La Calmette issued, on March 1, 2022, the building permit equivalent to authorization commercial exploitation for this project. Receipt of a request for cancellation of this building permit by a company operating a supermarket in a neighboring town, the court, ruling as a first and last resort, confirmed the legality of this building permit.
“The court notes in particular that the project in dispute, which provides for a total sales area greater than 3,500 m², is intended to complement the commercial offering of local stores by meeting the needs of the population of the catchment area including growth over the period from 2008 to 2018 is of the order of 15%, reaching 17.8% for the municipality of La Calmette alone If the project extends over a vast area of approximately 5 hectares, the court notes. that it is part of the extension of the Petit Verger concerted development zone classified as an area to be urbanized by the local urban plan, which is located in the continuity of the urban fabric of Calmette Questions. relating to soil waterproofing, rainwater management and the insertion of the project into the environment were also submitted to the court which noted that more than 60% of the project’s land base will remain in surface areas. permeable and that two retention basins will be built in order to compensate for the waterproofing of surfaces on the scale of the extension of the Petit Verger concerted development zone. Finally, the court examined the measures taken to mitigate the visual impact of this important project in its environment by planting hedges and trees and by using materials using local stone in particular. explains the Toulouse court.
