In 2018 DD carried out work to extend its business located at Cripple Gate without authorization. The site is subject to control by the urban planning services of the COM at the beginning of July 2018, a report attesting the irregularity of the site is drawn up. DD subsequently files a building permit request to try to regularize its work.
But these cannot be regularized because they do not respect the land use plan (POS), in particular they are located less than 10 meters from the road, which is prohibited by the POS. In addition, since the business is a convenience store, the number of parking spaces is not mentioned and unknown.
However, DD obtains a tacit opinion when it requests a permit. This means that his file has not been examined by the town planning services, at least that no response has been given within the deadlines imposed by law. After these deadlines, the opinion is automatically favorable.
In addition, the prefecture's legality control service did not request the withdrawal of the permit as it could have done by examining the file. No removal was also made before the administrative court.
This is how work to extend the DD trade became legal even though they did not comply with the POS.
DD was nevertheless prosecuted for construction without authorization and in violation of the POS. She was summoned this Thursday before the criminal court of Saint-Martin. Absent at the hearing, she was tried.
The court considered that at the material time the offense had been committed, it therefore found her guilty of the facts but did not impose a sentence.
However, the court and the prosecution did not fail to emphasize to the representative of the Community present at the hearing, that the responsibility of the COM could be engaged in the event of a traffic accident at this level, having tolerated work so close to the road. “The people who park and leave this business have absolutely no visibility. It's very dangerous, ”they said.
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