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cheap moncler outlet Voici un arrt rcemment mis en ligne sur Lgifrance qui pour le coup appelle en lui mme peu de commentaires mais permet de rpondre deux des interrogations gnres par la rforme des autorisations d’urbanisme entre en vigueur le 1er octobre 2007. cheap moncler outlet

cheap moncler Comme on le sait en effet, cheap moncler coats l o sous l’empire du dispositif applicable jusqu’au 1er octobre 2007, l’ancien article L.430 2 du Code de l’urbanisme ainsi que les articles pris pour application de celui ci se bornait viser les btiments, les articles L.421 3, R. 421 27 et R. 421 28 visent pour leur part les constructions. cheap moncler

Or, cette terminologie n’est pas sans incidence puisqu’en droit de l’urbanisme la notion de construction est plus large moncler outlet store et tendue que celle de btiment.

C’est ainsi qu’en application de l’ancien article L.430 2, il avait t jug que n’taient pas soumis permis de dmolir les travaux de dmolition portant sur des installations qui pour constituer des constructions n’en prsentaient pas pour autant les caractristiques d’un btiment (CE. 6 mars 1987, Cne de Champigny sur Marne, req. n46354 ; CAA Paris 2 mars 2004, Assoc. Montsouris Environnement, req. n 00PA02132 ; TA Versailles 6 novembre 1997, Durand, req. n97 03456) bien qu’a contrario, la jurisprudence ait parfois eu une conception quelque peu extensive de la notion de btiment ( propos d’un ensemble compos d’un mur et d’un portail : CE 13 mars 1992, Association de sauvegarde de Chantilly, Dr. adm. 1992, comm. n 215).

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Il rsulte titre d’exemple de l’article R. 421 4 du Code de l’urbanisme que les lignes lectriques et les canalisations constituent des constructions, lesquelles sont toutefois dispenses de toute formalit si elles sont souterraines.

cheap moncler jackets Prcisment, l’article R. 421 29 dispense pour sa part de permis de dmolir, les dmolitions de lignes lectriques et de canalisations ; c’est donc bien qu’ dfaut d’une telle dispense, la dmolition de moncler outlet lignes lectriques et de canalisations auraient pu tre assujettie permis de dmolir puisqu’elles constituent des constructions au sens de l’actuel article L. 421 3 du code de l’urbanisme. cheap moncler jackets

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si tout projet de dmolition d’une construction est dornavant soumis permis de dmolir (pour autant que le terrain soit situ dans un primtre o cette autorisation est exigible), y compris donc si l’ouvrage dmolir ne constitue pas un btiment ;

moncler outlet uk il reste qu’en revanche, le dossier de demande de permis de construire ne doit justifier d’une demande de permis de dmolir que lorsque cet ouvrage constitue un btiment. moncler outlet uk

C’est cette analyse que confirme, sur le deux points, l’arrt comment de la Cour administrative d’appel de Paris.

moncler outlet online Dans cette affaire, le ptitionnaire avait sollicit et obtenu un permis de construire dont l’excution impliquait la dmolition pralable d’un ouvrage, en l’occurrence une terrasse. Pour autant, celui ci n’avait pas adjoint son dossier de demande, la justification d’une demande de permis de dmolir. Et c’est pour ce seul motif que le Tribunal administratif de Paris annula le permis de construire obtenu. moncler outlet online

moncler outlet Mais saisie d’une demande de sursis excution de ce jugement, la Cour devait donc censurer cette analyse aux motifs suivants : moncler outlet

Considrant que l’annulation prononce par le Tribunal administratif de Paris se fonde moncler sale outlet sur la circonstance que le dossier de demande de permis de construire n’tait pas accompagn de la justification du dpt d’une demande de permis de dmolir https://www.thebeastmark.com alors que les travaux autoriss, ds lors qu’ils comprenaient moncler outlet online la dmolition d’une terrasse pave sur dalle, emportaient la dmolition de btiments soumis au rgime du permis de dmolir, en mconnaissance des prescriptions de l’article R. 431 21 monlcer down jackets du code de l’urbanisme, relatif la composition du dossier de demande de permis de construire, qui a repris cet gard les termes de l’article R. 421 3 4 du mme code applicable la date de la demande, et que cette dmolition portait sur une construction au sens de l’article R. 421 27 du code de l’urbanisme, dfinissant le champ d’application du rgime du permis de dmolir ;

moncler sale outlet Considrant que s’il ressort des pices du dossier que la cheap moncler jackets terrasse litigieuse, d’une surface de 450 m, recouverte de pavs de granit placs sur une dalle soutenue par une structure d’environ un mtre de hauteur, doit tre regarde comme constituant une construction au sens de l’article R. 421 27 du code de l’urbanisme, le moyen de la requte tir de ce que cette mme terrasse ne pouvait en revanche tre regarde comme constituant un btiment au sens et pour l’application des dispositions de l’article R. 421 3 4 du mme code, relatives la composition du dossier de demande de permis de construire, est srieux et de nature entraner l’annulation du jugement. moncler sale outlet

Cet arrt confirme ainsi que si les articles L.421 3 et R.421 27 du Code de l’urbanisme ont bien tendu le champ d’application du permis de dmolir tel qu’il rsultait prcdemment de l’article L.430 2, cette extension n’a pas concern en revanche les cas dans lesquels le ptitionnaire doit justifier d’un permis de dmolir dans son dossier Cheap Moncler Jackets de demande de permis de construire, tels qu’ils rsultaient antrieurement de l’article R.431 3 4.

Pour tre complet sur ce point, on prcisera en effet que si la Cour a fait rfrence l’ancien article R.431 3 4 ce qui induit qu’a priori, la demande avait t prsente avant le 1er octobre 2007 la solution retenue est videmment transposable au rgime en vigueur depuis cette date puisque la Cour a prcis que l’article R. 431 21 du code de l’urbanisme () a repris cet gard les termes de l’article R. 421 3 4 du mme code applicable la date de la demande.

Il reste que cet arrt gnre nanmoins deux interrogations ds lors que l’article R.431 21 n’a pas fait que reprendre l’ancien article R.421 3 4 puisqu’il tient galement compte de la possibilit dornavant ouvertes de solliciter un permis de construire valant autorisation de dmolition.

moncler jacket sale Ainsi, ds lors que sur ce point l’article R.431 21 n’opre pas de distinction en disposant que lorsque les travaux projets ncessitent la dmolition de btiments soumis au rgime du permis de dmolir, la demande de permis de construire ou d’amnager doit : soit tre accompagne de la justification buy moncler jackets du dpt de la demande de permis de dmolir ; soit porter la fois sur la dmolition et sur la construction ou l’amnagement, il est permis de se demander si la possibilit d’obtenir une demande de permis de construire valant autorisation de dmolition se limite aux cas o le projet implique la dmolition d’un btiment. moncler jacket sale

moncler outlet store A notre sens non puisque l’article prcit rgit les cas o la demande doit le cas chant porter la fois sur la dmolition et sur la construction ou l’amnagement et ne rgit pas les cas o elle le peut. moncler outlet store

Or, cette possibilit rsulte de l’article L.451 1 du Code de l’urbanisme qui pour sa part se borne disposer lorsque la dmolition est ncessaire une opration de construction ou d’amnagement, la demande de permis de construire ou d’amnager peut porter la fois sur la dmolition et sur la construction ou l’amnagement et, faute de prcision, sur ce point vise donc toute dmolition, y compris d’un ouvrage qui pour constituer une construction n’en forme pas pour autant un btiment.

Il reste que dans ce cas :

pour valoir autorisation de dmolition, le permis de construire devra nanmoins avoir t dlivr au vu d’un dossier comportant les pices auxquelles renvoie sur ce point l’article R.431 21 du Code de l’urbanisme, savoir celles vises moncler mens jackets par les items b) et c) de l’article R.451 2 ;

la production de ces pices sera superftatoire au regard du champ d’application de l’article R.431 21 qui ne l’impose donc que dans le cas d’un btiment.

moncler jackets outlet Plus encore que dans cheap moncler sale le cas o l’article prcit l’impose car l’ouvrage dmolir est un btiment, on peut donc se demander quelle sera l’incidence de l’ventuel caractre irrgulier des pices produites au regard de l’article R.451 2 sur la lgalit moncler sale du permis de construire valant autorisation de dmolir obtenu moncler jackets outlet.

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