A dozen years after the construction of his house, RB erected its perimeter wall in concrete blocks over a length of 42 meters. Three years later, in October 2018, the site is still in progress and is subject to control by the town planning department of the community. According to the agents, the wall is not compliant: it is full to a height of 1,80 m and has a direct opening on the public road. However, according to town planning rules, a wall can only be full on one third and must therefore be perforated (grid-mesh) on the other two thirds. It cannot have an opening on the public highway either.
The town planning officers also note that no prior declaration (PD) has been filed. Two infringements are then noted: irregular execution of work subject to prior declaration and non-compliance with the land use plan. RB is being sued. The case was due to be reviewed last January but due to the lawyers' strike it was postponed to September 3.
At the bar, RB explains that his building permit obtained in 2002 does mention "a fence made of wood and stone". This is why he did not think he had to file a PD in collectivity. It also specifies that the authorization granted dates before the new town planning rules defined by the COM.
He also claims to have regularized the situation since, but the COM, represented at the hearing by a person from the legal service, does not have in its possession any documents attesting to the conformity of the work. Photos are added by RB to the file but are not dated.
Faced with the impossibility of saying who is right, the court asked to adjourn the case, while precise verifications are carried out on the ground by the town planning officers. The case will be re-examined on January 14. The deputy prosecutor however specified that the court must judge a fact noted at a moment T, that the regularization of the situation does not erase the committed offense.
On September 3 other town planning cases that had been referred following the lawyers' strike were called but were again postponed until March 2021 because the council was unwell.
(soualigapost.com)
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