Toulouse. Justice confirms the cancellation of Tisséo’s urban travel plan
Through Quentin Marais
Published on
New legal episode in the file of the Urban travel plan (PDU) of Tisséo. This Thursday, January 19, 2023, the administrative court of appeal of Toulouse by confirming the cancellationtwo years after the decision of the administrative court.
Validated… and contested in 2018
This PDU had been approved by the union committee of Tisséo Wednesday, February 7, 2018. Third line metro, creation of ten bus lines Lineo, doubling of the capacity of line A, extension of the tram, but also urban cable car : this plan had for but to avoid total asphyxiation in the fourth city of France, in terms of transport, by 2030.
But on September 6 of the same year, the association 2 Pieds 2 Roues, bringing together the cyclists of the agglomeration in the same collective, announced that he would filed a legal action in July to cancel the project. She described the latter as “illegal and harmful”.
The administrative court is cracking down
More than two years of proceedings followed, and the hearing before the administrative court of toulouse it is held on January 8, 2021. Two weeks later, the latter delivered its verdict: it canceled the mobility project 2020-2025-2030. If, initially, Jean-Michel Lattechairman of Tisséo, had indicated to Toulouse news that the choice to appeal has not yet been made, it is ultimately the path that had been taken.
The PDU did not “explain reasonable alternatives”
The City’s Administrative Court of Appeal announced its decision on Thursday January 19, 2023, and “confirm cancellation of the urban transport plan pronounced by the first judges”. Here is his detailed explanation:
“The Court finds that the environmental report of the PDU, composed in particular of a non-technical summary intended to facilitate the public’s understanding of the impact study, did not set out the alternative solutions allowing reasonable to meet the purpose of this plan, in disregard of the provisions of article R. 122-20 of the environmental code.However, the environmental assessment must describe and evaluate in particular such alternative solutions in order to justify the scenario finally adopted by the administrative authority.”
The authority also adds that “the environmental report did not define or specify the criteria, indicators and procedures for monitoring the effects of the plan on the environment, which the regional environmental authority mission had highlighted in its opinion of March 2, 2017″.
Tisséo “takes note”
Contacted by Toulouse newsJean-Michel Lattes, Chairman of Tisséo, takes note of this decision of righteousness. We had a different argument. It is not the one who was retained”. A decision that did not have the effect of an earthquake. ” We expected it because the public rapporteur had taken positions, a few days ago, which went in this direction”.
This PDU, “which was done in 2012, and redone in 2018”, therefore included many projects that are now finished, or under construction… who have nothing to fear. Jean-Michel Lattes indeed indicates that “the PDU is an act of planning, it is not an act which is likely to call into question each project”.
The chairman of Tisséo also takes a very recent example, that of the inauguration of first construction site of the third line metro, in December 2022. “A summary procedure had been instituted by Friends of the Earth. Its purpose was to prevent the launch of the construction site. But the judges considered that the fact that the PDU was called into question did not call into question each site, which has legal autonomy“.
All around the table
What’s the next step ? Jean-Michel Lattes responded with a examination “What do we do now? Do we continue endless legal battles? Or are we putting ourselves in a position to produce a new document involving all the players, including 2 Pieds 2 Roues? “. This is the second option who was chosen.
“We launched a ‘household survey’, voted on by the union council in April 2022. We do it every 15 years. With this survey, we will have a precise photograph of the mobility of the large Toulouse conurbation. On the basis of this document, we are going to launch the reform of the PDU, which is now called “mobility project” since the LOM law. This will, in particular, go through a phase of very extensive consultation with the associative world. We will develop the future mobility project , which will replace the canceled project.”
The idea is therefore to meet around the same table. “We are pursuing identical interests, but we don’t have the same method, that’s the problem. But there is no better method on one side than on the other. We need to talk to each other and to lead to joint work which will, in any case, be long-term”, adds Jean-Michel Lattes. The investigation will end end of 2023.
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