In a judgment of 22 June 2017, the administrative tribunal of Nice has cancelled the project, strategic and operational of the Eco-Vallée plaine du Var, worn by Christian Estrosi.
The administrative tribunal of Nice has cancelled the proposed “strategic and operational” (PSO) of the éco-vallée of plaine du Var, an operation of national interest (OIN), initiated by the mayor of Nice, Christian Estrosi, when he was the minister of the Development of the territory in 2007.
In a judgment of 22 June in which the AFP was made aware Tuesday 11 July, the justice considers that the PSO adopted in 2015, a core document that defines the operations planning to come on that territory of 10,000 hectares located in the lower valley of the Var, within the Metropolis Nice Côte d’azur, would have to be preceded by an impact study on Natura 2000.
The court has also condemned the public development agency (EPA), the structure which implements this operation of national interest, has to pay 2,000 euros to the Collectif 06 for environmental achievements (Capre 06) who had brought this action in court.
“In the plain of the Var, they bétonnent before impact studies”
For the president of the association environmentalist, Sylvie Bonaldi, the judgment “points to the fact that in the plain of the Var, they bétonnent before impact studies”. For her, “this is going to require them to review their copy and it shows that the PSO is not a simple road map as they claimed, but a planning document binding subject to impact studies and which must be compatible with the code of the environment”.
“We continue to believe that the tribunal was wrong in law and that the PSO is a simple informative document that has no legal value, and thus that the accusations against him, the absence of study on the environment, does not take place to be”, has reacted to his side with the AFP Marc Fornacciari, a lawyer of the public development agency (EPA). “Furthermore, the cancellation of the PSO has no practical impact on all the ongoing projects in the plaine du Var for the simple reason that the PSO is not the legal framework of these projects”, added Me Fornacciari.
The public development is planning to appeal
The EPA has, in a separate press release assured that he “is considering(has) seriously the possibility to appeal the judgment”. “The EPA is conducting studies of the impact of Natura 2000 on the whole of the development projects of which he has charge, and the PSO was not listed in the Code of the environment as a subject of this assessment”, also ensures the public institution.
The Eco-Valley includes four major projects including an international business center and a technology park urban sustainable development. She had been placed among the operations of national interest by a decree of the minister of Ecology Jean-Louis Borloo, march 2008.