3. Local Plans
- 3.1 Plan Local d’Urbanisme
- 3.2 Carte Communale
- 3.3 Conservation Areas
Responsibility for the preparation of a local plan lies with the commune under the direction of the mayor.
Until 2000 the local plans were called Plan d’Occupation des Sols (POS), but since this time they have been replaced by the Plan Local d’Urbanisme (PLU).
The main aim of the change was to simplify the whole process and to reduce the complexity of the local plan.
Nevertheless, the preparation of a PLU remains a significant task, and in smaller rural communes you may well find that no such plan exists.
Accordingly, the government has agreed that smaller rural communes can prepare a Carte Communale although, once again, you may still find that no such plan has been yet been prepared!
In some cases local councils have got together to produce a local plan on an inter-communal basis.
Top Tip!
If you have the chance to read your local plan you should try and do so. Not only does it set out the planning framework for the area but it is also a useful source of information about the local economy, demography and environment.
3.1 Plan Local d’Urbanisme
The purpose of the PLU is to determine a development plan for the commune and the general planning rules that will apply to the locality and to specific sites.
The preparation of a PLU takes place in consultation with all the relevant statutory bodies and must be subject to a local public enquiry before it can be adopted. Once adopted it has a legal and binding force.
Where a PLU is in place, planning permission can be granted by the mairie, otherwise all planning applications would need to be determined by the county planning and highways department, called the Direction départementale d’equipement (DDE), in consultation with the mairie.
Notwithstanding this power, some smaller local councils are not able to offer a planning service so continue to rely on the DDE to determine applications.
The PLU will establish planning zones for the commune, the planning rules that will apply to new development, and information on major development constraints, all of which we can consider in a bit more detail below.
3.1.1 Zoning
The PLU will divide the commune into four zones:
- Zone U – New construction permitted which are likely to be existing development areas and those adjacent to it where the infrastructure exists or can be provided to enable development.
- Zone AU – Future development area, which will include either those where infrastructure is already available or where it is planned.
- Zone A – Agricultural area and only agricultural related new construction permitted.
- Zone N – Protected areas where no new construction permitted by virtue of their sensitive historical, ecological or environmental nature.
3.1.2. Planning Rules
This part of the plan will set out the general planning rules that will apply within each development area.
In particular, it will set out rules on change of use, permitted height of buildings, building arrangement, any architectural requirements, and public utility services and requirements.
It will also set out the maximum permitted density of development on a site for new and existing buildings. These rules are called the coefficient d’occupation des sols (COS).
Using these rules it is possible to calculate the density of permitted development on a particular site, e.g. on a 800m² site a COS of 0,25 allows construction of 200m² of net surface area, called surface hors oeuvre nette (SHON).
If the property is located on a lotissement (housing development) then, in addition to the general planning rules, there are specific rules that apply to the lotissement, which are set out in a cahier de charges.
If you are considering buying such a property then it is important you read and understand these rules as they govern the management of the whole development.
3.1.3. Development Constraints
This part of the plan will provide information on public spaces, public utilities, natural parks, major infrastructure project, historic sites and monuments.
The PLU should also identify major risk constraints.
In the light of increasing flooding problems across the country, as well as problems with ground movement, the government is asking local councils to give greater attention to the identification of risk areas and to the preparation of risk prevention plans, called Plan de Prevention des Risques (PRR).
These plans should define those areas where construction is not permitted or where there are specific controls in order to reduce the risk of damage to property.
3.2. Carte Communale
The preparation of a PLU is sometimes disproportionate to the needs of smaller rural communes.
Accordingly, the government has granted these communes the option of preparing a more limited local plan called a carte communale.
The main purpose of a carte communale is to identify those areas on which development is permitted and those where no development can take place. Unlike the PLU no specific planning rules can be established. It is a far less operational document than the PLU.
Where development is not permitted then only extensions or changes to existing buildings will be permitted, although there is exemption for agricultural buildings.
The preparation of a plan thereby avoids the need for ‘in principle’ deliberation of individual applications on a case by case basis, as the plan will determine whether or not new development will be permitted.
In the absence of a local plan there is a presumption that only new development within or adjacent to existing development areas, and with access to water and electricity services, will be granted planning permission for new buildings.
As a general rule, it would nevertheless be possible to obtain planning permission for enlargement, modification or change of use of existing buildings.
The plan may not necessarily cover the whole of the area, but merely that to which priority is being given, or which may be particularly sensitive.
Where a plan is in place the commune has the right of pre-emption on the purchase of private properties that may be offered for sale within designated zones. This is a power that is used infrequently.
Contrary to PLU the carte communale carries no binding legal force. In the absence of detailed planning rules set out in a PLU then the Règlement National d’Urbanisme (RNU) apply.
Whilst there are no particular procedural formalities for the preparation of a carte communale, the plan is prepared in consultation with departmental and regional officials, and is subject to a local public enquiry.
The plan remains valid and in force until otherwise altered by the local council.
Where a carte communale is in place planning permission can be granted by the mairie, otherwise all planning applications would need to be determined by the Direction départemental d’equipment, in consultation with the mairie.
Notwithstanding this power, some smaller local councils are not able to offer a planning service, so continue to rely on the DDE to determine applications.
3.3. Conservation Areas
The local council may choose to declare a conservation area if they consider it to be an area of outstanding aesthetic or historical interest.
The name given to such an area is Zone de Protection du Patrimoine Architectural, Urbain et Paysager (ZPPAUP).
If the area is of particular ecological interest then they may declare it to be a Zone naturelle d’intérêt écologique, faunistique et floristique (ZNIEFF).
There are also particular rules relating to building along the coastline, in mountain areas and in proximity to a forest.
In each case there are additional constraints on development but, in the case of ZPPAUP, there may also be financial assistance towards the restoration of a property.
There are formal procedures in place involving the public where the council is considering the creation of new conservation areas.
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