Rejection of the creation of a reserved zone in the context of the adoption of a new general zoning plan

Facts

The Municipality of Montreux has undertaken the revision of its general zoning plan (nPGA). In this context, it has created two reserved zones in the sectors of Maula Ferran and La Saussaz, with the aim of containing the oversizing of the building zone. Several opponents, including association A. and spouses B., have appealed against these decisions.

Considerations

The SFC has upheld the appeal. It considered that the creation of these reserved zones, with the sole purpose of reducing the building zone without any other planning perspective, was contrary to Arts. 15 and 27 of the SPA. Indeed, a reserved zone can only be provided to ensure the freedom of decision of the planning authorities, and not to artificially reduce the building zone upon the adoption of a new zoning plan.

Furthermore, the SFC noted that the Maula Ferran and Derray la Cor sectors, subject to the prior legalization of detailed planning, had to be considered as buildable and taken into account in determining the permissible building zone, in accordance with Art. 15 SPA. The cantonal court could not, therefore, refer the examination of these sectors to the subsequent stage of the…