Last year, a major piece of legislation on climate change (Loi Climat et Résilience) passed through the French parliament.
One of the central objectives of this wide-ranging law is to achieve ‘net zero’ land take for new development by 2050, with the intermediate objective of halving the rate of consumption of natural, agricultural and forest areas over the next ten years.
In a circular issued last month the government set out just how it was hoping to achieve this reduction in 'artificialisation des sols', as it has called it.
According to the government, "At the national level, between 20,000 and 30,000 hectares of natural, agricultural and forest areas are consumed on average each year (four times faster than population growth), with significant ecological and socio-economic consequences."
To achieve net zero land take, the plan encourages the mobilisation of already developed surfaces by promoting densification, the use of vacant premises and wasteland areas.
The rules for issuing commercial planning permissions have been tightened, with the prohibition of new out-of-town commercial centres except for limited dispensations below 10,000m2 of sales area. Schemes in the pipeline can still proceed, although the attraction of such centres has been in decline since Covid, with some projects abandoned and retailers and developers focusing more on small scale developments.
Where appropriate, local authorities will be permitted to deviate from existing density levels stated in their local plan and to require owners in development areas to rehabilitate their property as part of a local regeneration scheme.
Regional councils have been told to have updated regional plans in place within 2 years, whilst departmental councils must do the same within 5 years and local councils within the next 6 years.
Many local councils have already adopted plans giving priority to brownfield over greenfield development, but a stronger more widespread adoption of the approach will require some re-zoning of land currently proposed for development, which could also result in a significant increase in development land values.
Nevertheless, with the government mindful that there is likely to be some resistance from local councils who will fear their future development will be hindered, the prefectures have been instructed to adopt a conciliatory approach in the creation of new plans and attainment of the objectives, stating that "the objective of net zero land take is by 2050 and that the first step is a reduction in space consumption".
They have also assured councils that it does not mean the end of new development, stating, "the challenges of limiting the consumption of space and the new development must be reconciled with an ambitious policy of reviving sustainable construction, hosting and relocating industrial activities and revitalising urban and rural spaces, especially in territories where the supply of housing or economic areas is insufficient in relation to the needs identified."
Such a gradualist approach is probably also a recognition of the low demand for homes for renovation in many urban areas and that the resources to undertake regeneration programmes in these areas are scarce.
The powerful developer lobby is also bound to undertake a substantial rearguard action to protect the greenfield sites they have on their books.
In commenting on the proposals, Emmanuelle Wargon, the Minister of Housing stated: "This is the first time that we have fully recognised the ecological value of soils, for carbon capture, for biodiversity, for water, for nature, for all of us in general. For the first time, we are moving from the notion of land sobriety, of consuming less, to a notion of global balance, moving towards net zero development."
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