A symbol of the “unreasonable urbanization” that is said to be underway in the Arcachon basin, as denounced by several environmental associations? On September 20, the city of Audenge, on the basin, was ordered by the Bordeaux administrative court to compensate an individual to the tune of 730,000 euros for having granted him illegal planning certificates. An “exorbitant” sum, the municipality denounced this Wednesday to 20 Minutes.
Several building permits granted in the Bas-Vallon or Hougueyra sector, in particular, had in fact been rejected by the State following a legality check at the end of 2020. Individuals therefore found themselves with land purchased, sometimes at a high price, and… unbuildable. Although the Coastal Law provides that no construction is possible in these diffuse areas, in order to protect this sensitive sector from urban sprawl, many permits had nevertheless been granted for years, without anyone finding anything wrong with it.
The municipality denounces “a change in the interpretation” of the Coastal Law
The Audenge Citoyenne association, “which has constantly pointed out the consequences of non-compliance with the Coastal Law” in the municipality, believes this Wednesday that in addition to “the environmental impact, another fear is today confirmed by this court decision: it could cost the municipality dearly.”
The City of Audenge has decided to appeal the judgment. “A decision that we consider unfair and disproportionate,” reacts to 20 Minutes the mayor of the commune, Nathalie Le Yondre. “The commune is forced to compensate a person who would remain the owner of land that could potentially be built on [à l’avenir]thus benefiting from a double land valuation” analyses the elected official. “Such a situation is unacceptable: public money must under no circumstances be used to enrich an individual in such a flagrant manner.”
According to the municipality, “this situation results from the evolution of the interpretation of the Coastal Law – which came into force in 1986 – since the change in doctrine of State services in the fall of 2020, which impacted the rights to build on land located in sectors identified as already urbanized.”
Contacted last Saturday by 20 Minutesthe new sub-prefect of Arcachon, Jean-Louis Amat, believes for his part that “the State has not evolved in its application of the Coastal Law.” “In recent years, however, it has tightened legality checks in terms of the right to build.” That said, “the State cannot control all acts, knowing that for the year 2023 alone in Gironde, more than 72,500 town planning acts have been filed.” “This shows the immensity of the task” concerning the application of the Coastal Law, which nevertheless remains “a priority of the State”. Which explains, according to the State representative, that certain permits slip through the cracks…
A complaint for “ecological damage”
Behind this case is the question of urbanization in the Arcachon basin. In particular in Audenge, a town whose population grew by 32% between 2013 and 2020. Several associations, Audenge Citoyenne, Notre Affaire à Tous and Ceba (Environmental Coordination of the basin), have filed a complaint against the municipality for “ecological damage”, accusing it of having “circumvented” the Coastal Law by authorizing “200 illegal constructions in ten years.” “Many of these permits concern land on the edge of wooded areas, which, in a region with a high risk of fire, raises a safety issue for these residents,” believes Audenge Citoyenne. They are also calling for “a moratorium on urban planning” across the basin.
Nathalie Le Yondre specifies that “the appeal of these associations concerns 13 building permits, and not 200”, and adds that this action against permits “which have become definitive” is “inadmissible.” The floor area of these permits would also represent “only 1,852 m2, or 0.0022% of the surface area of the city”, adds the municipality.
“Irresponsible to continue welcoming people”
“We are trying to find a fair balance between the desire of some to build and the protection of our environment, in a context of contradictory injunctions from the State (creation of social housing, reduction of artificialization of soils, etc.), climate emergency and fears of residents for their future,” the elected official justifies herself.
“We are boosting the attractiveness of the Arcachon basin excessively,” denounces Bruno Hubert, from the Audenge Citoyenne association, whom we met last June. With more than 163,000 inhabitants, the population of the basin continues to grow, by around 1.5% per year.
“The infrastructure is not designed to accommodate so many people, the wastewater network is not adapted, we saw this last winter with the overflows and the oyster pollution episode, argues this environmental activist. Of the seventeen municipalities in the basin, only three have adopted a forest fire prevention plan, while we had the megafires two years ago. It is irresponsible to continue to accommodate people knowing that we are exposing them to risks of flooding, submersion, fire…”
“Avoid the excesses that we have experienced on the Côte d’Azur”
For Bruno Hubert, “everything accelerated from 2016 with the arrival [en 2017] of the Bordeaux-Paris high-speed rail line, creating a craze for Bordeaux and its surroundings and over-mediatization of the basin. That’s when we started building without thinking about the consequences, without taking into account the landscape identity of the basin.” The environmental activist has several elected officials from the basin in his sights, whom he wants to “confront with their contradictions: we can no longer accept that the territory is on the one hand sold as a sensitive and fragile space, and on the other do everything to encourage people to come and consume the basin. We want to avoid the excesses that we have seen on the Côte d’Azur.” And he added: “We are at a tipping point. If no decision is made, it is the story of a death foretold.”
Between 2011 and 2020, “the city of Audenge urbanized [un peu plus de] 100 hectares, or 1.18% of its total territory,” says the mayor of the commune. “These difficulties are not specific to Audenge,” adds Nathalie Le Yondre. “Many French communes, whether in the Paca region, Corsica or other coastal territories, encounter similar problems. The issue is all the more sensitive in the Arcachon basin, where the price of land is particularly high, increasing tensions around real estate projects.”
A Territorial Coherence Plan (finally) approved
The town hall also highlights “the recently adopted Arcachon Basin/Val de l’Eyre Territorial Coherence Plan (Scot)”, which “reinforces the existence of already urbanized sectors in the territory.”
The Scot, a guidance document that municipalities must use to draw up their PLU (Local Urban Planning Plan), was suspended at the beginning of the year by the prefect, who considered that several of its recommendations and priorities “were insufficiently taken into account,” recalls Jean-Louis Amat. “The union Sybarval [qui regroupe les 17 communes du bassin et du Val de l’Eyre] took into account the State’s observations, particularly concerning the management of wetlands, flood and fire risks”, and this document has now been enforceable “since August 7”, announced the State representative.