Review of the conditions for classification as a strictly non-buildable agricultural zone

On the occasion of a case in which Me Sophie Marques contested the classification of her client's land as an unbuildable Ap sector, she reviews the conditions for such a classification.

Are agricultural zones buildable?

Article R.151-22 of the French Urban Planning Code provides that areas of the municipality, whether equipped or not, which are to be protected due to the agronomic, biological or economic potential of agricultural land, may be classified as agricultural zones, also called Zone A.

While agricultural constructions may be permitted in zone A, it is not uncommon for the authors of the local urban plan (PLU) to establish completely non-buildable sectors, including for the needs of the agricultural operation.

The law and the Local Urban Plan (PLU) therefore authorize a very limited number of constructions and most often classify agricultural land as non-buildable zones.

How to challenge a classification as non-constructible agricultural zone?

Such classification is not insignificant for agricultural operators, so a ministerial response recalled that “as this is an extremely restrictive prohibition for these areas, it must be implemented with caution, justified by special circumstances, and subject to sufficient reasoning in the presentation report. Otherwise, the judge may indeed find a manifest error of assessment in the choice of zoning.” (JO Senate Q March 23, 2017, p.1213).

This is not the case when the non-buildable sector represents 23% of the municipal territory and one third of the agricultural zone of the municipality and it does not appear from the documents in the file that the classification of the plot in said sector can be justified by the agronomic interest of the plot and, consequently, by the municipality's desire to preserve agricultural activity, this plot being usable only for the construction of agricultural buildings, as was judged by the Administrative Court of Melun (TA Melun, November 25, 2022, n°2010437).

In accordance with what was argued before him, the Tribunal further held that the classification could not be justified by the desire to preserve landscapes, since an agricultural building could be built without presenting significant visibility. Finally, the fact that the municipality plans, in the future, to set up a business zone on the plot does not suffice to justify the classification of the applicant's plot in the Ap sector prohibiting any construction. The Rouen administrative court had previously ruled in the same vein in another case handled by the firm (TA Rouen, April 10, 2018 n°1602145).

Under these conditions, it was therefore held that the applicant was justified in arguing that the classification of his plot in zone Ap was vitiated by a manifest error of assessment and the PLU was annulled in this respect.

 

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