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Environmental Planning and Assessment Planning documents play a crucial role in shaping the environment and ensuring sustainable development. In order to minimize their negative impact on the environment, it is necessary to subject these documents to an environmental assessment. This assessment may be carried out systematically or on a case-by-case basis by the designated State administrative authority. The regulatory framework governing this process is specified in the decree of August 23, 2012.

Planning documents and environmental assessment: –

Urban planning documents have an important influence on the environment, and it is imperative to submit them to an environmental assessment. This assessment can be carried out systematically or through a case-by-case examination by the competent State administrative authority. The decree of August 23, 2012 sets the  regulatory framework  applicable to this area.

Types of documents and competent authority: –

Some documents are specifically mandated to undergo an environmental assessment. These include territorial guidelines for sustainable planning and development, the master plan for the Ile-de-France region,  territorial coherence plans  , local urban plans and certain municipal maps.

Responsibility for carrying out the environmental assessment rests with the state administrative authority responsible for the environment. This authority may be the General Council for the Environment and Sustainable Development ( CGEDD ), the regional prefect, the departmental prefect or the Corsica prefect in the case of Corsica’s development and sustainable development plan.

Under the case-by-case examination procedure, the competent authority has a period of two months to decide whether the document should be subject to an environmental assessment. Whatever the procedure, the authority must issue its opinion on the environmental assessment and the draft document within three months of receiving the referral. This opinion has a significant weight in the assessment of the environmental impact of the urban planning document and in the orientation of the decision-making process.

Environmental assessment ensures that potential environmental concerns are identified and addressed early in the development process. By incorporating the principles of sustainable development, these actions contribute to the creation of environmentally conscious and sustainable communities.

DAMY Law Firm