This developer attacks the municipality which prevents him from dividing his land
While the principle of zero net artificialisation is being put in place (Zane), the time has come for densification and a reduction in the surface area of building plots. However, this does not allow all types of cutting to be carried out, as evidenced by this case reported by Actu.fr. A promoter Parisian living in the 8th arrondissement demanded no less than 82,000 euros from the small town of Chauffours. The fault of this village of Eure et Loir (28) with less than 300 souls? Its mayor had opposed the division of two plots purchased in the town at the start of 2018.
On the basis of these two plots, the promoter intended to create 8 building plots, whose surfaces varied from 310 to 510 m². Problem: the city councilor did not hear it that way and opposed the promoter’s project when he filed, at the end of May 2018, his preliminary declarations of work. Recalling the absence of collective sanitation, the mayor underlined “the impossibility of carrying out individual sanitation” due to “small area” prizes. The administrative court ofOrleans had agreed with him in February 2021 but the company which had bought the two plots had appealed.
A sufficiently reasoned decision
New setback with the decision of the Court of Appeal fell last month. The magistrates believe that the elected official opposed “rightly» to the declaration of works, in particular because of the surface area of the plots which, in this case, according to “the AFNOR NF DTU 64.1 standard requires a minimum grassed area of at least 500 m²”. According to them, the mayor’s decision was sufficiently reasoned (even if his argument concerning the security risk linked to access to too many plots was not accepted). Result: the promoter will also have to pay 2000 euros to the municipality of Chauffours for its legal costs.
