Biarritz: Administrative court seized to challenge public inquiry into Aguilera

Opposition councillor Jean-Baptiste Dussaussois-Larralde has asked the administrative court to suspend or modify the public inquiry into the declassification of the public road network in the municipality of Aguilera, in Biarritz.

The battle continues over the Aguilera Plateau development project. While the city council has installed explanatory signs in the town hall lobby, opponents are detailing their arguments on social media. Mayor Maider Arosteguy also defends hers, responding directly to commenters.

The debate is also taking more traditional forms: the Ioda (Here We Defend Aguilera) association is counting signatures on its online petition, and lawyers are exploring appeals surrounding the July 7 municipal council meeting, which approved developer Robert Alday's development project. Opposition council member Jean-Baptiste Dussaussois-Larralde has referred the matter to the prefect and the administrative court.

The opponent is not aiming for the front door with an appeal against the developer's project or the land transfer price, as Biarritz taxpayer and blogger Jean-Yves Viollier did in a letter to the prosecutor. Jean-Baptiste Dussaussois-Larralde has instead chosen to enter through the window: he is contesting the terms of the public inquiry launched for the declassification of the municipal public highway.

This step is essential for the planned development: the municipality must dispose of its land holdings, traffic lanes, and parking lots, so that they can be integrated into the land needed for the new buildings. The residents of Biarritz have had two weeks to give their opinion on this transfer: the survey was launched on August 7 and is due to end this Friday, August 22.

Jean-Baptiste Dussaussois-Larralde challenges the very terms of the investigation and calls for the regularity of the public interest investigation procedure. Three points are particularly highlighted in these letters to the State representative and the magistrates.

First complaint, the timetable: an investigation lasting only two weeks and in the middle of August

The first complaint was the timeline: an investigation lasting only two weeks, and in the middle of August. At the municipal council meeting on July 7, councilor Maider Arosteguy had announced this speed as inevitable in order to be able to vote on the downgrade at the September municipal council meeting. "It's the legal minimum. But we're in the middle of the summer, which is problematic for citizen participation," points out the signatory of the appeals.

Second point raised: the lack of a digital register and of opinions received by mail or email. "This does not guarantee that the observations will be received and read only by the investigating commissioner since the email address is that of the urban planning department. As a result, between the methods of participation, mail stamped "do not open" and email, the confidentiality guarantees are different, which constitutes a breach of equality and a risk of undermining the sincerity of the consultation."

The third paragraph concerns Philippe Mahou: "The investigating commissioner is the president of a Biarritz association, which constitutes a conflict of interest. The said association, Les Ours blancs, is housed in municipal premises, and the City pays the water and electricity charges. This is the kind of situation where one can only give a favorable opinion! That is why I am asking for another investigating commissioner." And to extract the articles which note that the direct material and institutional links with the town hall contravene the requirements of independence and neutrality.