đź“Ť TA Lyon decision, December 23, 2024, no. 2208177
On December 23, 2024 (no. 2208177), the Lyon Administrative Court partially annulled the Local Urban Planning Scheme (PLU) of a commune in the Lyon metropolitan area, following an appeal lodged by a developer assisted by CINETIC AVOCATS.
Unjustified classification as an “urbanization” zone
The plots concerned, located in the heart of an already urbanized area, had been classified as an AU zone, with opening to urbanization deferred until 2028, in application of an Orientation d’AmĂ©nagement et de Programmation (OAP).
The Court held that this classification was vitiated by a manifest error of assessment, insofar as :
- the area was fully integrated into the existing urban fabric;
- no technical or town-planning constraint justified deferring urbanization;
- no structuring development project was identified to justify it.
Judgment principles
The administrative judge recalls that :
- AU zoning can only be retained if justified by a coherent and reasoned program;
- Delayed opening up to urban development via an OAP must be based on objective, concrete elements (technical constraints, infrastructure to be provided, etc.).
This ruling illustrates the fundamental role of the administrative judge in reviewing the legality of town planning documents.
A favorable decision for real estate projects
This partial cancellation will enable the developer, a client of the firm, to assert its right to build in an already urbanized area, in accordance with the reality of the land and the public interest.