Conseil d'Etat, 6 / 2 SSR, du 27 juillet 1979, 00649, publié au recueil Lebon
Presiding Judge | M. Heumann |
Record Number | CETATEXT000007666617 |
Date | 27 juillet 1979 |
Judgement Number | 00649 |
Court | Council of State (France) |
CONSIDERANT QU'UNE DEROGATION AUX REGLES PRESCRITES PAR UN REGLEMENT D'URBANISME NE PEUT LEGALEMENT ETRE AUTORISEE QUE SI LES ATTEINTES QU'ELLE PORTE A L'INTERET GENERAL QUE LES PRESCRIPTIONS DU REGLEMENT ONT POUR OBJET DE PROTEGER NE SONT PAS EXCESSIVES EU EGARD A L'INTERET GENERAL QUE PRESENTE LA DEROGATION ; CONS. QUE SI LES MODIFICATIONS ET LA SURELEVATION DE L'IMMEUBLE DE LA SOCIETE REQUERANTE FAISANT L'OBJET DU PERMIS DE CONSTRUIRE ANNULE PAR LES PREMIERS JUGES IMPLIQUAIENT UNE DEROGATION AUX PRESCRIPTIONS DE L'ARTICLE 18 DU DECRET DU 30 NOVEMBRE 1961 RELATIVES A LA HAUTEUR DES BATIMENTS CONSTRUITS EN BORDURE D'UNE VOIE PUBLIQUE, CETTE DEROGATION A EU POUR OBJET DE PERMETTRE, PAR RECONSTRUCTION D'UN IMMEUBLE ANTERIEUREMENT DETRUIT PAR UN INCENDIE ET SANS AFFECTER NOTABLEMENT LE VOLUME DES IMMEUBLES PREEXISTANTS, LA REMISE EN MARCHE D'UNE ENTREPRISE SE RATTACHANT AUX ACTIVITES TRADITIONNELLES DE LA REGION CONSIDEREE ; QUE DANS CES CONDITIONS ET ALORS QUE...
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