The City and the Mayor of Vias convicted at first instance for the construction of a seafront promenade

The promenade and the adjoining car park have been developed on the seafront, at a place called Farinette, in Vias. Diane Petitmangin – Midi Libre

For the FNE OcMed association, the footbridge and the car park were developed in violation of the Littoral law. Diane Petitmangin – Midi Libre

On Tuesday, May 7, the Montpellier criminal court condemned the town and its mayor, Jordan Dartier, for having built a promenade and a parking lot in violation of the Littoral law. Both are appealing this decision.

Under the slab, the beach… After years of legal battle, the France Nature environment Occitanie Méditerranée association – and the State, via the Departmental Directorate of Territory and the Sea – won his case. For now…

The town of Vias and its mayor, Jordan Dartier, were in fact condemned, Tuesday May 7, by the Montpellier criminal court, for having built a concrete promenade on the seafront and an adjoining car park of 6 200 m2, at a place called Farinette.

Conviction "exemplary" for FNE

A conviction judged "exemplary"by the association, which had become a civil party, and whose fines are substantial: the City will have to pay 1.25 million euros; including 1 million suspended, or 250,000 euros, and the mayor, 500,000 euros, including 480,000 euros; € suspended.

"This construction is in violation of the Littoral law, which provides for unbuildability in the 100 m band in a non-urbanized sector. And in addition, it also violates the PPRI (Flood Risk Prevention Plan) which placed this location in the red zone, indicates Simon Popy, the president of FNE OcMed.< /p>

An urbanized waterfront?

The mayor is totally wrong. "I am condemned for having carried out a work of public utility and unanimously appreciated by residents and tourists. This walk made it possible to reclassify the seaside resort of Vias-Plage, which had been abandoned since 1990, and it is part of the Littoral 21 plan. (*).

Above all, the chief magistrate of Viass is offended by this decision while "the work was subsidized by the State, the Region and the Department for an amount of 3 M€ on a budget of 8 M€ in total. There are perfectly clear town planning provisions in the municipality. There is a Scot (Territorial Coherence Scheme) which qualifies the seafront as an urbanized space, which has not been contested by the State. It is therefore not a natural space".

A file of 600 pages

Jordan Dartier believes, moreover, that a "file of this magnitude, technical and complex, would have deserved more attention to analyze the 600 pages that it contained. However, the criminal court rendered its decision 45 minutes after the close of the proceedings…"

The structure offers a nice view of the beach and the sea but it would be located in a non-building zone according to FNE. Diane Petitmangin – Midi Libre

Simon Popy, recalls that there were several "decisions of the administrative justice – before the Council of State for summary proceedings, then before the administrative judge, the administrative court of appeal and the Council of State on the merits. All confirmed that it was illegal to carry out this development there.

"A work of public utility"

"The Vias town hall was therefore perfectly aware, he continues, and warned by state services – a prefectural referral had also suspended the constructability of the PLU from 2018 – and she chose to do it anyway! Behind it, it is logical that there is a criminal procedure and a conviction as a result".

For the FNE OcMed association, the footbridge and the car park were developed in violation of the Littoral law. Diane Petitmangin – Midi Libre

For Jordan Dartier, it is no secret that the promenade is popular with locals and visitors. "It’is a work of public utility : it allows access to the public sea bathing service and protects the dune cord from encroachment because, previously, everyone was happily trampling on him".

The City and the Mayor appeal

The mayor and the City have therefore decided to appeal and "are currently considered innocent  nbsp;as long as a final decision has not been pronounced". In the meantime, in this town which welcomes 70 000 people day and records 4,000 nights in high season, many onlookers and tourists flock to the footbridge, on this May 8 bridge…hellip;

(*) The Littoral 21 plan is supported by the EPF Occitanie, a public land establishment of the State where representatives of the regional prefect and the various local authorities (Region, Departments, Agglos, CCI, etc.) sit. .). I subscribe to read more