The administrative court of appeal of Bordeaux annulled on March 30 the decision of the administrative court of Saint-Martin, which annulled the prefectural decree relating to the early application of the revised natural risk prevention plan (PPRN).
After the passage of Irma, the President of the Republic ordered the revision of the PRRN (which had been established after the passage of Luis) to take into account the impact of the cyclonic swell. The document has therefore been amended accordingly based on several scientific data and field surveys. New zoning and a new by-law have been suggested. Pending the public inquiry and thus the application of the final PPRN, the Prefect had wished to apply in advance as the law allows, the PPRN as revised in view of the urgency of the occurrence of a another cyclone. It is in this sense that it issued an order on August 6, 2019.
In disagreement with this decision, the Collectivité seized the administrative court of Saint-Martin to have the prefectural decree annulled. On July 20, 2020, she obtained a judgment to this effect. But the Ministry of Ecological Transition appealed to the Bordeaux Administrative Court of Appeal and last March 30, in turn, won the case. This means that the revised PPRN is again applied early.
The ministry maintained in particular that it was “wrongly that the court had considered that the condition of urgency was not fulfilled whereas the recurrent nature of the cyclonic hazard and the existence of a risk of occurrence of a new cyclone in Saint-Martin demonstrate the proven nature of this emergency; the same applies to the need not to compromise the application of the future plan by an increase in risks, in particular due to the increase
high demand for planning permission since the occurrence of Hurricane Irma on September 6, 2017, in particular due to the increase in the population, significant urban pressure on the coastline due to the relief of the island ; the possible issuance of building permits creates an aggravation of the risk due to the exposure of future buildings to cyclones taking into account the weather situation of the island and the vulnerability of people and goods and long overhaul times of the PPRN ”. The ministry also considered that the administrative court had wrongly considered that "the PPRN project was not sufficiently advanced since it considered in reality that only a finalized and insufficiently advanced project was liable to early application. " (Soualigapost.com).
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