Local plan of town planning
In France, the local plan of town planning (RAINED) is the main thing Document of town planning of planning of the communal Urbanisme or possibly inter-commune. It replaces the Plan occupation of the grounds (POS) since the law 2000-1208 of the December 13rd 2000 relating to solidarity and the renewal urban, known as law SRU.
The small communes often obtain as for them a communal Carte. However a commune of small size but subjected to a strong land pressure (common littoral for example) or to strong landscape or architectural stakes (commune belonging to a PNR for example) may find it very beneficial to obtain one RAINED.
RAINED is codified in the code of town planning primarily to the L.123 articles and following and R.123 and following.
The perimeter covered by one RAINED
A local plan of town planning can be elaborate on the level of a commune or the level of an inter-commune structure, for example a community of agglomerations or an urban community. It can then cover a relatively important zone: the local plan of town planning of the Urban community of Lille, approved the October 8th 2004, applies to 85 communes for a surface of 611 km ².The entirety of the territory of the communes concerned is subjected to RAINED, including the ZAC which could formerly have their own document of town planning, the Plan of installation of zone. Only are excluded from the field of RAINED of the zones whose installation falls within the competence of the State: safeguarded sectors within the meaning of the law Malraux (historical centres of the cities) and operations of national interest.
Components of RAINED
The introductory report
It comprises in particular an analysis of the initial state of the environment, a diagnosis, various justifications, and an analysis of the effects of the project to the environment and the measures taken to limit or cancel these effects.
It is the important document there, as it was also for the POS, since “kind of exposed reasons”, it has the aim of justifying and to clarify the choices of installation selected and their coherence.
This introductory report must comprise a diagnosis established taking into consideration service and equipment, transport, economic and demographic forecast and specifying the needs indexed as regards economic development, fitting-out, social balance of the habitat.
It must also include/understand a study of environment including/understanding the analysis of the initial state of the environment, the evaluation of the incidences of the orientations of the plan on the environment and the way in which the plan takes into account the preoccupation of its safeguarding and a its development.
This introductory report must explain the choices selected to draw up the project of installation and sustainable development and to delimit the zones taking into consideration objective of the general rules of town planning and the higher standards mentioned by DTA.
The report/ratio clarifies finally the reasons for the administrative limitations to the land use brought by the payment and the justification of the delimitations of the sectors or urban areas in which the actions and the operations of installation will be carried out.
This report/ratio does not have a regulatory value. It however constitutes a data element for the public and an element of interpretation of the PADD and payment as well for the administrative authority as within the framework of the possible control of the local plan of town planning by the administrative judge.
The project of installation and sustainable development (PADD)
The PADD constitutes the essential innovation between the contents of the POS and that of RAINED.
It is about a document political expressing the project of the local government agency as regards economic development and social, environment and town planning at the horizon from 10 to 20 years.
It was at the opposable origin with the thirds. This generating provision of an important legal insecurity was removed by the law Urbanisme and Habitat of July 2nd 2003. However, zoning and the written payment must be in coherence with this one. Thus the administrative judge keeps the right to interpret the payment by seeking the communal will expressed in the PADD. In the same way, any evolution of the document remains pledged with the concept of general economy of the PADD. Indeed, if the evolution of RAINED implies such an attack, it will be advisable to proceed by a revision. However, if the desired evolution does not carry not reached to the general economy of the PADD, the procedure of modification will be necessary. Thus any modification of RAINED must remain coherent with the urban project expressed in the PADD. This concept of coherence, of a flexible interpretation, ensures the legal security of the document, while preserving a certain range with this PADD, an indirect opposability.
Particular orientations of installation
True innovation of law SRU (amended by the law town planning and habitat), the intention of the project without formalism (" the considérant") open a new way for the regulation of town planning in France. The Communities can henceforth direct their vision of development (new districts, reconquests of centrality…) beyond the strict formalism of the regulatory document through taxable options of installation to the permit building. Badly prepareds with this innovative evolution, the authors of RAINED and the prefectoral administration neglected the negotiated and evolutionary dimension of this document which makes it possible to create architectural experimentation, urban and landscape at a rate of local law. The second generation of RAINED had a presentiment of between 2008 and 2013 could offer a new occasion of exchanges and experiments of new practices.
It will be also retained that the D.O.P.A. (Document of Particular Orientations of Installation) is obligatory in the case of the entries of city and the opening to the alternative urbanization of the development reachs future (zones WITH).
The graphic document of the payment
It is about one of a chart of the commune dividing its territory into several zones:
- urban areas, known as “zones U”: they are “the already urbanized sectors and the sectors where existing public equipment or under development has a sufficient capacity to serve constructions to be established” (R.123-5 article of the code of town planning).
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zones to urbanize, known as “zones WITH”: the R.123-6 article of the code of town planning defines them as being able “to be classified in zone to urbanize the sectors in natural matter of the commune intended to be open to the urbanization”. One distinguishes two types of zones WITH:
- the sectors urbanisables immediately because of the presence “of cleansing existing with the immediate periphery of a zone WITH” and having “the sufficient capacity to serve constructions to be established in the whole of this zone”; this zone is generally named “1AU”;
- if this capacity is insufficient, the opening to the urbanization is subordinated to a modification or a revision of RAINED; one generally names this zone “2AU”.
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the zones agricultural, known as “zones has”: they are the “sectors of the commune, equipped or not, to protect because of the agronomic, biological or economic potential of the arable lands” (R.123-7 article of the code of town planning). It is a mode strict and supervised, only constructions or installations necessary for the services public and the farm are authorized there.
- zones natural and forest, known as “zones NR”: they are the “sectors of the commune, equipped or not, to protect because either of quality of the sites, the natural environments, the landscapes and their interest, in particular from the esthetic, historical or ecological point of view, or of the existence of a forestry development, or of their character of natural spaces” (R.123-8 article of the code of town planning).
The plan of zoning delimits also particular sectors, like the classified wooded spaces the reserved or sites (in particular for the future construction of public equipment).
The payment
It describes, for each zone defined in the graphic document, the applicable regulatory provisions. It can include/understand 14 articles (R.123-9 of the code of town planning):
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Article 1: Type of occupation or land use prohibited
- Article 2: Type of occupation or land use subjected to particular conditions
- Article 3: Access and roadway system
- Article 4: Service road by the networks (water, cleansing, electricity)
- Article 5: Characteristic of the grounds
- Article 6: Establishment of constructions compared to the ways and influences public
- Article 7: Establishment of constructions compared to the separative limits
- Article 8: Establishment of constructions ones compared to the others on the same property
- Article 9: Influence on the ground
- Article 10: Maximum height of constructions
- Article 11: Appearance
- Article 12: Parking
- Article 13: Free space and plantations, classified wooded spaces
- Article 14: Percentage occupied time of the grounds or COS.
Il can be fixed only in zones U or AT the , and in zone NR only when the transfer of COS is possible.
The height (Article 10 ) the establishment of constructions (Article 6 and 7 ) and the density of construction (Article 14 ) are obligatorily regulated in the constructible sectors of the zones NR (R.123-8 and R. 123-9 of the code of town planning)
Appendices
They include/understand a certain number of indications or the information deferred for information in RAINED, and in particular:
- the constraints of public utility in particular related to the inheritance (Protection plan and of development…), with the air lines (Plane of noise exposure…), with the transport infrastructures or the Prevention plans of the risks.
- perimeters deferred on a purely informative basis, like ZAC or zones where a public Right of pre-emption applies.
- networks of Drinking water and Cleansing.
Compatibility
RAINED must respect the instructions given by various documents of higher row prepared by the State or other territorial collectivities, in a relation of ascending vertical compatibility: laws Mountain and Littoral, Directive territorial of installation (or DTA, of official competence), Diagram of territorial coherence (or SCOT, set up by a public corporation gathering the local government agencies of the perimeter of SCOT), local Program of the habitat (PLH), Plane of urban displacements (PDU), charters of the regional parks, the charter of development of the country…
Development
The procedure of development of RAINED is detailed with the L.123-6 articles and following of the Code of town planning.
It is held in several quite distinct stages, comprising several stages of dialog.
1 - The municipal council prescribes the development of RAINED ( ex nihilo or by the setting in general revision of its plan of occupation of the grounds) and defines the methods of the prior cooperation prescribed in the article L 300-2 .
2 - The decision is notified with the prefect, with the President of the general advice, the President of the district council, the public corporation in charge of the implementation of SCOT, with the organizing authority of transport, the organization of management of the Regional natural parks if it is necessary, to the Presidents of the Chamber of commerce and of Industry, of and the Room Guild chamber of Agriculture, the regional sections of the shellfish farming if it is necessary, as well as the territorial collectivities bordering for the frontier communes.
3 - the decision is published according to the legal procedure in force.
4 - the phase of the prior studies to the establishment of the project of RAINED is committed. A very broad dialog is installation:
It during this period that is held the prior cooperation with the public, according to the methods laid down by the deliberation prescribing IS RAINED. This dialog has the aim of collecting the opinions of the population, opinion coming to nourish the reflection of the town planners. It does not have vocation to present the project of RAINED.
With their request, the public people enumerated in paragraph 2 are consulted during the development of the project of RAINED. It is the same of the presidents of public corporations of inter-commune co-operation (EPCI) bordering qualified as regards town planning, of the mayors of the common neighbors, the president of the public corporation in load of the SCOT on which the commune is bordering if necessary.
The mayor can, if it wishes it, collect the opinion of any qualified organization or association as regards installation, of town planning, environment, architecture, habitat, displacements.
If there exists, the Document of management of agricultural and forest space must be consulted during the development of the documents of town planning.
5 - Two months minimum before the stop of the project, a debate takes place as a municipal council on the general orientations of the Project of installation and sustainable development.
6 - the municipal council adopts by deliberation the project of RAINED.
7 - the project is then submitted for opinion to the people associated with her development. These public people are enumerated in paragraph 2. Those of paragraph 4 (“ with their request ”) are consulted if they wish it.
These people deliver an opinion within the limit of their competence and three month. In the event of absence of answer, the opinion is regarded as favorable.
8 - the project, to which the opinions are annexed, is subjected by the mayor to public survey (law Bouchardeau) for one month. With this intention, the mayor approaches the president concerning the administrative court on which it depends. This last then appoints an police chief-investigator or a board of inquiry.
9 - the project, possibly modified following the public survey, is approved by deliberation of the municipal council.
10 - RAINED approved is held with the provision of the public. In the common ones not - covered by a SCOT, it becomes executory only one month after its transmission with the prefect, if this one did not notify with the commune by letter justified modifications to be made. In this case, it becomes executory only once the deliberation approving the modifications requested published and transmitted in the prefect.
Evolution
The local plan of town planning must evolve/move in order to be in constant adequacy with the legal framework, the documents of planning of a higher level or simply with the ambitions and the prospects for installation for the community.
The Code of Town planning envisages several procedures (article L123-13 C.U):
Without public survey
- the update: This procedure simple is used only to carry out the transcription in RAINED of Servitudes of public utility (prevention plan of the risks, Historic buildings…) having been adopted within the framework of their regulations, often at the end of public survey. It is acted in fact of ensuring the character of " center information" RAINED for the majority of the public regulations related to the grounds.
The update is carried out by decree of the mayor or the president of the inter-commune EPCI in the case of one RAINED.
With public survey
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the modification
- the simplified revision
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the revision
It is about a long procedure, since the only respect of the times of procedure requires at least 8 months (without taking into account of the phases of studies and consultation which are with the appreciation of the commune or the EPCI carrying RAINED). All in all, one can indicate that a revision lasts one to two years at least.
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the setting of compatibility with the declarations of public utility (DUP) and the Declarations of project, relating to projects which would not be initially compatible with the provisions of the document of town planning, is carried out by the authority which declares public utility the project or implements the procedure of declaration of project.
Weak points
With the introduction of RAINED, the intention of the legislator is to clarify the zoning and the payments of construction. However, he is criticized by certain because he makes it possible the municipalities to introduce between the graphic payment and the POS of ambiguities - or even of contradictions - which enable them to allot permits building litigious. In the same way, the subdivisions of zoning are often as numerous as in the POS.
But the principal failure of RAINED lies in the incomprehension which the document causes. Indeed, its principal innovation compared to the POS is the realization of the PADD which is the project of the commune supporting all the document. Logic would thus like that the commune initially works out its project for then implementing it through the payment. Nevertheless, the majority of the communes wishing to obtain one RAINED are the small ones even of very small untied communes of any project. Thus it is not rare that in practice logic is reversed: the payment is first of all elaborate through zoning for then wrapping it in a project. Indeed, these small communes being as a majority made up landowners more worried by the future of their pieces than of a communal project and of general interest. In these cases, we can affirm that we are in a situation of disguised POS, which shows that it would have perhaps been necessary to leave the possibility of setting up an intermediate document in the communal chart (document of application of the RNU) and RAINED (document of project)…
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