In a previous article, we indicated that the Collectivity had authorized the reconstruction of three restaurants at Nettle Bay, in this case that of the Hommage hotel, the Dream and the Sand.
We explained that a building permit and a prior declaration had been granted to the petitioners by the executive council, but that the files had been canceled due to an examination by the legality review (prefecture services). And that thereafter, the executive council had again deliberated on the two files on January 15 and had maintained its decisions; in other words, the COM had authorized the reconstruction of the three establishments.
Errors in the interpretation of procedures have in fact crept into the article. You had to understand this.
The building permit for the restaurant of the Hommage hotel and the prior declaration for the reconstruction of the Sand and the Dream have been granted by the executive council and then sent to the legality control (State services). However, the latter did not give a favorable opinion on the two files and communicated them to the Community. The opinions were notified by mail in December 2019.
Nevertheless, the executive council chose to maintain its decisions instead of canceling them by granting the building permit and the prior declaration of works.
You should know that a community has the choice not to follow the advice of state services. However, this does not mean that the building permit and / or the prior declaration maintained are granted in full compliance with the town planning rules. This is why the State reserves the right to challenge these decisions in court.
Finally, the new PPRN regulation applied in advance prohibits any reconstruction - even of a restaurant - in the dark red zone. The Dream and Sand restaurants are located on the beach in dark red. The request for reconstruction having been filed on September 3, 2019, i.e. after the prefectural decree implementing the new regulation, it can only be refused.
Note that the restaurants on Orient Bay beach are also located in the red zone according to the new zoning of the PPRN, but they were rebuilt before the implementation of the new regulations. Their reconstruction therefore depended on the PPRN of 2011, which authorized restaurant reconstructions on the beaches. (Soualigapost.com)
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