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Public Law

Cabinet Palmier - Brault - Associés is a firm specialized in Public Law. The lawyers of the cabinet decipher for you the important jurisprudential news of the public right (town planning, right of the territorial collectivities, etc ....).

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Justification de la notification d'un recours en matière d'urbanisme

Reasons for notification of a town planning appeal

CE May 15, 2013, Santenoise Association for the Defense of the Natural Environment "Living on the edge of the" wooded arc "", Req. No. 352 308

Reasons for notification of a town planning appeal

The Council of State has held that the simple production of the certificate of deposit of a registered letter informing of the proceeding is sufficient to justify the fulfillment of the obligation of notification of remedies in urban planning provided for in Article R. 600-1 of the Urban Planning Code.
In particular, the High Assembly specified that the commune, whose two permits were attacked, had not challenged before the judge of the first instance the contents of the mail which it had received. Thus, the first judges erred in law - reiterated on appeal - by finding that the applicant association did not establish that it had satisfied the aforementioned obligation on the ground that it had not transmitted to the administrative court the copy of the appeal she had made to the commune.

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Entre principe de précaution et utilité de l'opération, le Conseil d'Etat choisit l'utilité !

Between precautionary principle and usefulness of the operation, the Council of State chooses utility!

CE Ass., April 12, 2013, Association Interregional Coordination stop THT and others, Req. No. 342 409

The Council of State rejected the request for cancellation of the order of 25 June 2010 of the Minister of Ecology, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, with a declaration of public utility, with a view to the establishment of easements, work to establish a two-circuit 400,000-volt "Cotentin-Maine" power line, to modify the "Menuel-Launay" line, and to connection of the "upstream" and "downstream" stations of the "Cotentin-Maine" line, and bringing a number of local planning documents into compatibility.

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Sols pollués : qui est responsable de l'élimination des déchets ?

Polluted soil: who is responsible for the disposal of waste?

CE 1st March 2013, Company NATIOCREDIMURS, Req.n ° 354188

Polluted soil: who is responsible for the disposal of waste?

Responsibility of the owner of the land in the absence of known producers or holders

The person responsible for waste within the meaning of Article L. 541-3 of the Environmental Code, as interpreted in the light of the provisions of Directive 2006/12 / EC of 5 April 2006, means the only producers or other holders of the waste. If, in the absence of any producer or any other known holder of waste, the owner of the land on which these wastes are stored may be regarded as their holder within the meaning of Article L. 541-2 of the Code of the environment, including negligent abandonment of the land and, as such, subject to the obligation to dispose of such waste, the landowner's responsibility for waste is only subsidiary to that incurred by the producer or other holders of that waste and may be investigated if it appears that any other holder of that waste is unknown or has disappeared.

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Le caractère temporairement incomplet du dossier d'enquête publique sur un projet de PLU ne vicie pas automatiquement la procédure administrative préalable

The temporarily incomplete nature of the public inquiry file on a PLU project does not automatically vitiate the prior administrative procedure

CAA of Bordeaux January 10, 2013, Mr. Saint-Marc, Req. n ° 12BX00047

The temporarily incomplete nature of the public inquiry file on a PLU project does not automatically vitiate the prior administrative procedure

In that case, the Administrative Court of Appeal first noted that when the public inquiry was opened, the public inquiry file did not contain all the notices issued by the communities or bodies associated or consulted. .

However, she noted that the investigation file was complete when the investigating commissioner first held office.

Consequently, it held that insofar as it is not established that the incompleteness of the file at the beginning of the investigation was likely to have an influence on the meaning of the decision or to have deprived the persons interested parties of the guarantees to which they are entitled, the irregularity of procedure found is not likely to taint illegality the deliberation approving the PLU.

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Clarification et simplification des procédures d'élaboration, de modification et de révision des documents d'urbanisme

Clarification and simplification of the procedures for drawing up, amending and revising urban planning documents

The decree of application of the ordinance n ° 2012-11 of January 5th, 2012 is published: it is the decree n ° 2013-142 of February 14th, 2013 relating to the clarification and simplification of the procedures of elaboration, modification and modification. revision of planning documents!

The procedures for drawing up, modifying and revising urban planning documents (SCOT, PLU and communal maps) have been clarified and simplified by the effect of the aforementioned ordinance.

The regulatory provisions of the urban planning code are adapted accordingly.

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Précision sur la notion de lotissement

Clarification on the concept of subdivision

CE 20 February 2013, Mrs BUIRET-FEDIT and others, Req. n ° 345.728

Article L. 442-1 of the Urban Planning Code defines the subdivision as the division in ownership or enjoyment of a land unit or several contiguous land units whose purpose is to create one or more lots to be built.

The Conseil d'Etat considers that a development operation, resulting in the division into two lots of landed property, is likely to constitute a subdivision provided it provides for the establishment of buildings on at least one of these two lots.

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Une seule installation classée pour deux sites distincts !

Only one facility classified for two separate sites!

CE 21 February 2013, Civil Society Farming Company of Merdy, Req. n ° 340.205

The fact that two installations subject to the legislation relating to classified installations are located on two separate sites does not prevent them from being regarded as forming a single classified installation (in this case a single farm) with regard to a group of indices. on:

  • the distance between the two facilities,
  • the existence of a community of means,
  • the existence of the same economic entity,
  • the common agronomic management of the effluents,
  • the existence of a common spreading plan as well as the nuisance vis-à-vis third parties.
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    Principe de précaution et annulation des décisions d'urbanisme relatives à l'implantation d'antennes relais de téléphonie mobile

    Precautionary principle and cancellation of planning decisions relating to the implementation of mobile telephone relay antennas

    CE October 8, 2012 Commune of Lunel, Req.n ° 342423

    Precautionary principle and cancellation of planning decisions relating to the implementation of mobile telephone relay antennas

    It follows from the provisions of Articles 1 and 5 of the Environmental Charter and Article L. 110-1 of the Environmental Code that the precautionary principle applies to activities that affect the environment in conditions likely to harm the health of the populations concerned. An applicant can therefore usefully argue, in support of the annulment of a town planning decision relating to the installation of mobile telephone relay antennas, that the precautionary principle protected by Article 5 of the The environmental charter would have been disregarded on the grounds that the radio fields emitted by the antennas would harm human health.

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