Town planning development in Monaco: Draft Law no 265 instituting a master development plan (SDD) tabled on 27 June 2024

Parliamentary Draft law no. 265 instituting a development master plan (SDD) (22 articles), tabled in Public Session on 27 June 2024 and referred to the Parlimament's Environment and Quality of Life Committee, was adopted on 28 November 2024.

Note:

A draft law adopted by the Parliament is then forwarded to the Government, which has the option of either transforming it into a bill or suspending the legislative procedure.

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SUMMARY

• To supplement the existing provisions on town planning (Ordinance-Law no. 674 of 3 November 1959 on town planning, construction and roads, as amended; Sovereign Ordinance no. 3.647 of 9 September 1966 on town planning, construction and roads, as amended) "in order to: - to enable the Government to organise urban planning at the highest level of the Principality of Monaco's ambitions and present and future structural challenges; - while involving representatives of the Civitas as early as possible in the definition of guidelines." (Explanatory memorandum, p. 2)
• Draft law no. 265 thus establishes a framework for coordinating the forward-looking policy already implemented by the State in a collaborative approach (consultations with institutions including the Parliament), by providing it with a legal planning document: the Schéma Directeur de Développement (SDD) ("Master Development Plan") comprising a forward-looking report, a strategic development plan (PAS) and a guidance and objectives document (DOO). The Parliament's wish is that this document should "reflect the aspirations of Monegasques, residents and employees, and adapt as closely as possible to their reality" (Explanatory Memorandum, p. 3).
• Respect of the principles of sustainable development and quality of life: meeting the "challenges of land scarcity, population growth, management of major structuring operations, development of soft and multimodal mobility, environmental protection, in particular by greening and reducing the temperature of urban areas". (Explanatory memorandum, pp. 2-3)

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IN DETAIL

¤ SCHÉMA DIRECTEUR DE DÉVELOPPEMENT (SDD) (Title I)

Purpose of the SDD (art. 1)

General objectives of the SDD :

1. Balance between: a) urban renewal, urban development and the restructuring of urban areas ; b) Protection of sites, the environment and quality of life; c) Safeguarding of urban areas and protection, conservation and restoration of the cultural heritage; d) Mobility needs;
2. Urban, architectural and landscape quality;
3. Diversity of urban functions: sufficient construction and rehabilitation capacity to meet present and future needs for public and private housing and private housing needs, the development of economic, tourism, hotel, sports, cultural and general interest activities (in particular education and health), as well as public and commercial facilities, taking particular account of the objectives of energy performance, the development of electronic communications, the reduction of the need for motorised travel and the development of transport alternatives to the individual use of the car;
4. Public health and safety;
5. Prevention of foreseeable natural risks, technological risks, pollution and nuisances of all kinds;
6. Combating and adapting to climate change, energy management and the production of energy from renewable sources;
7. Controlled management of water resources to maintain a supply of drinking water that meets the needs of the population;
8. Promoting the principle of universal design for an inclusive society for people with disabilities or loss of autonomy.

Contents of the SDD (Chapter I, art. 2 à 9)

The SDD comprises four elements (each of which includes one or more graphic documents):

1. Rapport prospectif ("Prospective report"): its purpose is to present a diagnosis of the territory (economic, demographic and environmental situation; quantified analysis of the current situation with regard to economic and demographic forecasts; needs in terms of spatial planning, water resources, social balance of housing, mobility, facilities and services; conditions of use of the marine and terrestrial space of the coastline and prospects for development of the coastline) and the justification for the choices made in drawing up the "plan d'aménagement stratégique" (PAS) and the "document d'orientation et d'objectifs" (DOO) .
2. Plan d'aménagement stratégique (PAS) ("strategic development plan"): it defines the development and planning objectives for the Principality over a 20-year period on the basis of the forward-looking report. These objectives contribute to the coordination of public policies in the Principality.
3. Document d'orientation et d'objectifs (DOO) ("guidance and objectives document"): it sets out the conditions for applying the PAS. The DOO defines: guidelines for the organisation of space, the coordination of public policies and the enhancement of the territory; the objectives and principles of the housing policy contributing to the development and optimisation of the use of urban space, consistent with the demographic and economic prospects of the territory, with priority given to urban renewal; guidelines relating to access to the coast and the sharing of uses, particularly in the context of the development of renewable marine energies, the maintenance and development of economic activities and maritime leisure activities ; guidelines for the management of aquatic environments and the prevention of natural risks associated with the sea, by identifying sectors suitable for the construction of sea defences to protect the urban environment and facilities of general or public interest; guidelines and principles for the location of industrial and port facilities; measures to protect the marine environment. The DOO includes an action programme detailing the projects, stages of implementation and deadlines identified for achieving the PAS.
4. Annexes ("Appendices"): these include all documents, analyses, assessments and other elements used to draw up the SDD. With at least the following "schémas directeurs" ("master plans"): urban distribution and travel; tourist and leisure appeal; urban and sewerage networks; waste and household refuse treatment; water and energy supply networks; environmental and greening; as well as the following presentations: major structuring projects planned; current and planned public operations and how they fit into the SDG; and public facilities and housing programmes.

Procedure for drawing up, assessing and developing the SDD (Chapter II, art. 10 to 16)

• Preparation of the SDD: consultation of the Comité supérieur d'urbanisme by the Minister of State, who draws up the draft SDD and submits it for opinion to 1. the Conseil National (Parliament); 2. the Commune; 3. the Conseil de la Mer; 3. the Conseil Economique, Social et Environnemental; 4. the Conseil Stratégique pour l'Attractivité; 5. the Conseil de l'Environnement; 6. the Commission Technique d'Hygiène, de Sécurité et de Protection de l'Environnement. The Minister of State may consult any other entity whose observations may be useful in the preparation of the draft SDD.
• Adoption and implementation of the SDD: the SDD, which may be amended to take account of the opinions attached to the file, is adopted by Sovereign Order published in the Journal de Monaco. The SDD is made available to the public. The SDS is enforceable 2 months after its publication.
• Assessment, progress, maintenance or revision of the SDD: assessment and progress are presented annually to the Parliament. No later than 5 years after the adoption, revision or maintenance of the SDD, the Minister of State carries out an analysis of the results of the application of the SDD. On the basis of this analysis, the Minister of State decides by ministerial order whether to maintain the SDD in force or to revise it.

Compatibility with existing legislation and regulations(Chapter III, art. 17 to 20)

Compatibility with:

• budget laws (art. 5 of Law no. 841 of 1 March 1968 relating to budget laws), "désaffectation" (withdrawal of public domain) laws (art. 33 of the Constitution), and laws declaring works to be in the public interest (art. 24 of the Constitution) ;
• town planning regulations (art. 5 ter of Ordinance-Law no. 674 of 3 November 1959 on town planning, construction and roads, as amended)
• authorisations for the construction, demolition or modification of developments (Ordinance-Law no. 674 of 3 November 1959 on town planning, construction and roads, as amended, and its implementing regulations).

Compatibility over time:

• Principle: the obligation of compatibility applies only to laws, regulations and documents that come into force after the SDD has been approved, maintained, revised or amended.
• Exception: town planning regulations in force must be made compatible with the SDD within 3 years of its entry into force.

¤ MISCELLANEOUS PROVISIONS (Titel II)

• Deadline for adopting a SDD: 1 year from the date of entry into force of the provisions of the Act. (art. 21)
• Implementing sovereign order (art. 22)

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