Facts

The municipality of Develier adopted a new version of its local land use plan (PAL) in 2015, providing for the classification of certain parcels as individual housing zones, to the detriment of crop rotation areas (SDA). This modification was approved by the Cantonal Service for Territorial Development (SDT) of the Canton of Jura. The Federal Office for Spatial Development (ARE) appealed against this decision. The Federal Tribunal upheld the appeal of the ARE. It considered that the new building zones created did not comply with the requirements of the Federal Spatial Planning Act (SPA), in particular with regard to the dimensioning of the building zone (Art. 15 SPA) and the protection of crop rotation areas (Art. 30 para. 1bis of the Spatial Planning Ordinance, SPO).

Considerations

Regarding the dimensioning of the building zone, the Federal Tribunal noted that the disputed planning did not sufficiently demonstrate the need for new building zones for the next 15 years, taking into account the existing reserves. Furthermore, the classification of new parcels on the periphery did not comply with the principle of densification towards the interior of the built-up area. With regard to the protection of crop rotation areas, the Federal…