General Data
Name of instrument Communal chart (Charte communale)
Country FR
Spatial level local
Type Spatial planning instrument
Subtype Formal planning instrument
Description The communal chart is an urban planning document which can be set up in a commune which does not have a PLU (Local urban planning document). It determines the methods of implementation of the general national rules of urban planning. The communal chart can relate to whole or part of the communal territory. It can also be elaborate on the level of an inter-communal co-operation structure. Communal chart includes notably graphic documents Those define the constructible zones and the natural zones. The communal chart can comprise zones intended for activities as of the sectors where the right of pre-emption is exerted. By delineating the constructible zones, the communal chart makes it possible the commune to be freed from the national rule of limited constructability, which stipulates in theory that the territory of the communes without urban planning document is not buildable apart from the currently urbanized parts of the commune, except for the exceptions envisaged by the law. Communal chart can provide that the buildings destroyed by a natural disaster could not be rebuilt, for reasons of safety. It also allows the institution of a right of pre-emption on sectors of the commune with an aim of carrying out an installation or equipment. The right of pre-emption makes it possible to become purchaser of one ground at the time of his setting on sale. Finally the approval of the communal chart makes it possible the commune of obtain competence as regards authorizations of town planning instead of the State. However this transfer is not automatic, it must be decided by the town council.
General objectives Efficient local spatial planning in small communities, with the objective of not letting build on all the communal territory in order to prevent spread off and not to increase the loads of the commune inconsiderately: extension of the networks, road maintenance, winter viability, school bus service etc
General objectives keywords land development; municipal infrastructure costs; settlement pattern; municipal land policy;
Responsible Local authority/Municipal council
Stakeholder Involved National authority;
Reference Founded by SRU law of December 13th, 2000
General assessment of strength and weakness Main weakness is that communal chart do not create specific regulatory obligations, contrarily to PLU. No binding character, since communal charts do not establish regulatory obligations (other than general national rules) and moreover are often cancelled by the administrative law court. The main advantage is that communal chart are simplier to implement than PLU
Metadata
Date of entry 2007/02/16
Implementation
Legal status not-mandatory for responsible body AND not-mandatory for end-user
Extension rarely (< 25%)
Comment A limited number of French Alps communities have a communal chart, notably in the Alps where most communes are obliged to establish a PLU. See http://www.urbanisme.equipement.gouv.fr/IMG/pdf/cartecommunale_cle511ca5-1.pdf
Type of monitoring Qualitative / descriptive reporting
Characteristics
Preconditions for implementation
General comment
Assessment
Relevance
Status strong direct relevance
Ranking 5
Remark -
Acceptance
Status municipal administration. Local economy, environmental NGOs, municipal residents, superordinate administrations
Ranking 5
Remark
Implementation
Status -
Ranking 3
Remark -
Feasibility
Status Staff, legislation
Ranking 4
Remark Communal chart is required by law, which is why political will is not a mandatory requirement
Effectiveness
Status Direction of effect, acceptability, perpetuity
Ranking 3
Remark type of effect not clear as instrument is non-binding