The flood risk in the Porte Sud area of ​​Alès has been revised downwards

DRONE AERIENNE/ZONE COMMERCIALE PORTE SUD ET QUAI MAS D HOURS – ALEXIS BETHUNE

The commercial area is now considered an urbanized area.

After 18 years, and more than twenty procedures, the dispute linked to the construction of the Porte Sud commercial zone is in the process of being closed. On January 23, the administrative court issued a decision that could mark the end of this case. Unless the current state representative, the sixth prefect to face promoter Claude Dhombre, appeals and restarts the machine for a spin.

The dispute concerns the request for modification of the Flood Risk Prevention Plans (PPRI) of the municipalities of Alès and Saint-Hilaire-de-Brethmas, for the plots housing the shopping center. In November 2020, the prefect initially won his case when he rejected the developer's request to revise the PPRI.

Four years later, and with a new study by the Egis firm, the court makes another decision. For the jurisdiction, if the question of strong hazard "is not tainted by error of law or error of appreciation"  and is therefore not debatable, however the question of the urbanization of the area arises.

The decision of the prefect of Gard to consider the Porte Sud zone as a non-urbanized zone « is tainted by error. Indeed, at the time when the prefect's decision was challenged, the Porte Sud commercial zone was in operation as indicated by the administrative court of Nîmes and the Council of State.

The developer's request to initiate the revision of the PPRI and classify the plots of the commercial zone in the « urbanized precaution » is retained by the court. It follows from all the elements that "the decision of the prefect of Gard of November 2020 must be annulled."

The State representative has five months to proceed "within the five-month period, the re-examination of the PPRI of the municipalities of Alès and Saint-Hilaire-de-Brethmas for classification as an urbanized zone precautionary measures for the plots occupied by the Porte Sud commercial zone."

Claude Dhombre appreciates the decision: "The now urbanized nature of the sector justifies the classification as a “precautionary” that is to say in the PPRI building zone, the lands of Porte Sud. The classification in red, in a danger zone, was not linked to the flood risk but was due to the non-urbanized nature of the sector before the construction of the commercial zone. Once built, the risk on the ground is measured differently. The court, with the scientific studies provided, took into account the resistance of the structure which can withstand the reference flood of 2002."

With this decision, nothing now seems to prevent the developer from developing projects, in particular the construction of sports halls, on plots adjacent to Porte Sud, in the commune of Saint-Hilaire. The prefect has two months to file an appeal.

I subscribe to read more