Dispute in Prilly –
The Cantonal Court stops the construction of 47 housing units
The project planned for Avenue de la Rapille involved the felling of 26 trees. Building permit cancelled.
Published today at 7:54 p.m.
The building permit issued by the Municipality of Prilly is canceled.
Patrick Martin / 24HOURS
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- The cantonal court canceled the building permit for Prilly.
- The preservation of the wooded area takes precedence over the new apartments planned.
- The decision prevents the unjustified felling of trees for parking lots.
- The reduced project would allow 40 housing units, better preserving the environment.
The preservation of the wooded area outweighs the interest of the builders in being able to create 47 apartments. So decided the Cantonal Court. It cancels the building permit relating to the enhancement of a building comprising 24 apartments (addition of 8 housing units) and the construction of a new building of 39 apartments on a plot located between avenues de la Rapille, de la Vallombreuse, Chantegrive and Chemin d’Ombreval, in Prilly.
The project involved the felling of 26 of the 29 trees on the land, 18 of which form a wooded cordon made up of sycamore maples, wild cherry trees, an ash tree, a black elderberry and a wild apple tree. The balance of the arborization is made up of isolated trees, chestnut trees, pines, birches, cherry trees, elderberries or other hornbeams.
The public inquiry had aroused several oppositions, including those of the two appellants, prospective purchasers of two lots on the neighboring plot. Before the Court of Administrative and Public Law (CDAP), the latter challenged the municipal authorization to fell the trees forming the wooded cordon.
The CDAP agreed with them, even if none of the trees concerned are considered “remarkable” within the meaning of the law: “On the other hand, the wooded cordon forms a coherent whole which presents a landscape, biological and climatic interest, by allowing to fight against heat islands.” For its part, the General Directorate of the Environment (DGE) described the health status of the trees as “good to average”. Therefore, a cull would not be justified. “In addition, notes the court, the felling of the northern part of the wooded line seems only justified by the creation of covered visitor parking spaces, which does not constitute a preponderant interest justifying the planned felling.”
Oversizing
The Court further considers that the dimensions of the new building implied excessive densification, breaking with the harmony of the sector. In addition, this oversizing would raise problems for the preservation of the existing trees, but also for the development of the trees planned as compensation. The construction company had also admitted that only 19 trees could be planted as compensation.
The judges finally note that maintaining the wooded strip would imply the loss of four apartments, i.e. a reduction of less than 10% of the project: “A reduced project safeguarding the wooded strip would still allow the creation of more than 40 new apartments. And would be better in urban planning, better integrated into the surrounding buildings.”
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Claude Béda is a journalist for the 24-hour Vaudois section. Passionate about social issues and the lives of people here, he covered several regions of the canton, before joining the Lausanne editorial team. More info
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