Question 17435 — town planning

Summary

Mr. Mohamed Laqhila draws the attention of the Minister to the Minister of Territorial Cohesion and Relations with Local Authorities, responsible for the city and housing, to the fact that the local urban plan (PLU) of the city of Aix-en-Provence (approved on July 25, 2015 followed by various modifications but not yet submitted to the deliberations of the council of the metropolis of Aix-Marseille) has imposed on the areas N an extension reduced to 40 m², regardless of the year of construction of the building for which the expansion is requested, it being for exclusive residential use. However, for buildings built and having a legal existence before the law of June 15, 1943 (confirmed by the implementing decree of August 10, 1946 concerning the ordinance of October 27, 1945), an increase in surface area of ​​up to 250 m² is permitted. Furthermore, said PLU in no way provides the possible obsolescence of the case law or the ministerial response prior to its promulgation. If, unlike "common law" countries, the taking into account of case law is not spontaneous, it remains in French law a main source of administrative law, a law on which town planning essentially depends. At present, the latter has not taken into account the following decisions with regard to architectures whose purpose is cited above having a legal existence before the aforementioned dates, in this sense the judgment of the Administrative Court of Appeal of Marseille of July 9, 2007, SCI Les Pouillettes req. 04MA01976; as well as the ministerial response of Mr. Jean-Louis MASSON No. 01976 published in the Official Senate Journal of November 15, 2012 page 2607 and finally the decision of the Council of State of February 19, 1988, 69852, which set jurisprudence in the present case and remain applicable to zones N. He therefore questions the means of implementation and pure and simple application of the case law and decisions referred to above.

Machine translation from French. The official text remains authoritative.

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