The outstanding question that she posed by her complaint is as follows: “"Did the City of Antibes knowingly circumvent the rules of the PLU to facilitate the work of the developer [BNP Parisbas immobilier, ndlr]? Worse: did she play with the town planning code to prevent any recourse?".
At a time of drought and water saving, the question is a stain.
In 2022, the ZAC Marenda Lacan, eco-district of the city of the Côte d'Azur, is inaugurated with great fanfare, a ZAC which was to be a model of ecology.
However, at least one point is problematic.
In 2015, the services of the city of Antibes opted for the direct discharge of rainwater into the sea from the ZAC, next to a public beach and a port according to the Town Hall of Antibes.
However, in 2017, a building permit was filed for this ZAC which reveals retention basins, in accordance with the obligations of the PLU, which systematically requires retention basins for any construction.
The license is not contestable. It is strictly legal due to the presence (on paper) of retention basins.
The two-month period passed without recourse.
In 2018, the City would have authorized the promoter of the ZAC to exempt itself from retention basins, arguing that the retention basins were not necessary.
The Town Hall decides to apply the 2015 plan.
It would have financed work on the public collectors (pipes that go from the ZAC to the sea) and is justified by applying article 9 of the Sanitation Code, appendix to the PLU which provides: "The development must in particular include one or more retention structures, unless it is carried out in the immediate vicinity of the shore and the water is discharged directly into the sea without passing through a public collector.
It is precisely these public collectors that the Town Hall would have chosen to take over, explains Me Zakine, rather than imposing retention basins.
The two solutions could coexist in this area where flooding has already occurred.
The promoter could then file an amending permit which, from a procedural point of view, cannot be contested because the initial permit was not. The circle is complete, the license becomes unassailable!
The criminal complaint will thus shed light on this case.
To learn more about this case, see the Nice Matin article:
https://www.nicematin.com/justice/pas-de-bassin-de-retention-deau-dans-un-quartier-dantibes-cest-legal-ou-pas-842189