EXPERT
as follows, although there can be many others: Urban: Those areas deemed to be in the urban area of the commune(s) – town centres, for example. Urban zones carry the prefix U, often followed by one or more letters to denote sub- zones. For example, Ua, Ub, Uc etc. Different regulations will apply to each sub-zone. Future urban zones: These are zones that will be designated for development at a future date, although the timeframe for that to happen can be lengthy, and at this stage is lacking in detail. These are noted as AU zones, usually with a numerical prefix (e.g. 1AU), but can also be followed by other letters (e.g. 1Auh, 1Aui etc) to denote sub-zones with specific requirements. Agricultural: Zones are given the prefix A, with additional sub-zones (e.g. Aa, Ab, Ah etc). Agricultural zones often account for the largest overall areas of a commune and development is mostly restricted to farming activities, although existing residential properties can usually be extended, for example. However, it is becoming more
Residents can review the zoning map to see how it affects their property
“In France, even the smallest of communes has the right – but not the obligation – to create a local planning framework”
difficult to convert barns and other outbuildings into dwellings in agricultural zones. Natural: This covers areas where a variety of protections exist to prevent development that can affect flora, fauna, and so on, such that limited possibilities exist for new construction, conversion etc. Once more, there are often sub- zones in the draft document (e.g. Na, Nh etc). Once the draft document has
been established, communes move onto the next step and begin creating a zoning map to place land into one or other of the main zones, and sub-zones where relevant, and refining what can or cannot be permitted within each. This can be a long process, taking several years to complete. At the end of this stage,
there will be a period of public consultation when people can review the document and zoning map to see how it affects their particular property. Requests can be made at this stage by individual property
owners for their property to be zoned differently. There is no guarantee a request will be agreed, but it will be reviewed independently for fairness. Once all considerations have
been taken into account, a final version of the PLUi will be created and voted upon, both at individual communal level, but also at the prefectorial level. Changes can still be made until a definitive version is approved by all the authorities concerned. A date is then set for the PLUi to come into force. Depending on the area in
question, many communes also have regulations to take account of a variety of natural risks, such as flood, fire and subsidence. A regulatory framework may exist setting out risk-prevention measures that affect or rule out certain types of development. What happens with planning
applications during the PLUi creation process? This is really important to understand. Technically, applications must be processed on the
regulations in force at the time of a submission, but even where current regulations may permit a certain development, the planning office has the right to include a ‘sursis à statuer’ condition when issuing the result of an application. Essentially, this allows
them to defer consent (or refusal) until such time as the final version of the PLUi has been adopted. If that means the development would not be allowed under the new regulations, then the project can still be refused. Additionally, if an application
is submitted on 1 January, for example, and there is a two-month processing period, then if the PLUi comes into force before the end of that processing period, the planning office can issue the outcome based on the regulations at the time of the decision, not on the date of submission. ■
Arthur Cutler runs French Plans Tel: 0033 (0)2 96 36 56 16
frenchplans.com
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FRENCH PROPERTY NEWS: March/April 2024 71
© SHUTTERSTOCK
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