The company DP Immobilier and twenty-three other legal or natural persons of Baie Rouge and Baie aux Prunes (Plum Bay), including the ASL of Baie Rouge, presented a motion to the President of the Court last December requesting the cancellation of the '' Decree of the Deal of August 6, 2019, i.e. the decision of the prefecture to apply in advance the revision of the natural risk prevention plan (PPRN).
The application was examined at a public hearing on January 23 and the decision was rendered on February 6: the application of DP Immobilier and the twenty-three other applicants was dismissed.
Arguments of the residents of Baie Rouge and Plum Bay
The latter had developed that "no Cerema survey had demonstrated that the properties located at Baie Longue and Plum Bay had undergone marine submersion and that at Baie Rouge, only two or three lots had been affected by the submersion but not houses because of the construction altimetry higher than submergence. "
They explained that the order prohibited them from rebuilding their homes, but they wish to be able to do so by "taking adequate measures and reducing vulnerability". "This reconstruction is part of the public interest of the island in that it would remove ruins unfavorable to tourism," tried to admit the applicants. And to add in a more global way: "by prohibiting reconstructions in the dark red zone and by conditioning them on the existence of an initial building permit, the application of zoning keeps the populations in a precarious moral, social and economical and above all safe. (…) This suspension will allow the authorization of reconstruction and repair work making it possible to secure people and places to deal without delay with seismic risk before the new season for cyclonic risk ”.
The applicants also argued "the public interest" in having to suspend the early application of the PPRN in order for "seriously disturbed social peace to be restored". "The return to a normal situation requires the suspension of the order allowing the resumption of economic and tourist activity in a secure context", they argued, also stressing that "the reason that led to its enactment does not exist more because of the end of the hurricane period "and that" the decree was vitiated by misuse of power because the draft revision in no way aims to take protective measures to save human lives but to respond to an expressed political will by the Head of State ”.
• Arguments of the Prefecture
The State services consider that the applicants' arguments (records of Cerema and hurricane season) "are not likely to constitute an emergency situation within the meaning of the Code of Administrative Justice. The same is true of the argument according to which the buildings would not have been destroyed by a marine submersion but by the only action of the winds which is inoperative ”. "Anticipatory application responds to public security imperatives aimed on the one hand at not aggravating existing risks, on the other hand at not exposing more people to risks while awaiting final approval", she recalled. And to emphasize: “if the 2019 hurricane season is actually over, the same is not true for the hurricane hazard for 2020, the risk in question is recurrent. "
• The summary judge's analysis
The latter recalled first of all that an administrative act can only be suspended if there is an emergency condition, that is to say when the act "prejudices sufficiently and immediately enough a public interest, to the applicant's situation ”. However, in the case of the residents of Baie Rouge and Baie aux Prunes, the judge in chambers noted that contrary to what they put forward, "it is permissible under the empire of the contested regulations to undertake work to update home security, repair subject to the filing of a prior declaration. And to point out: "the applicants who do not even allege that they made such an approach and did not apply to the judge for interim measures until almost six months after the enactment of the contested act cannot usefully maintain that they are prevented from ensuring that damaged buildings are put out of the water ”.
The judge in summary proceedings also shares the opinion of the prefecture, according to which the cyclonic risk is recurrent, therefore that the early application of the revised PPRN measures is justified.
Finally, concerning the social unrest generated by the prefecture's decision, the judge observed that "social pay had returned".
This is why the request of DP Immobilier and the twenty-three applicants was rejected (Soualigapost.com).
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