Adopted on 23 July without any opposition, the Grenelle 1 Act did in not cause less gnashing of teeth. The architects of the buildings of France (ABF) and many mayors the felt intrusive to the protection of the heritage in hundreds of cities. Martin Malvy, the President of the National Association of cities and countries of art and history (Anvpah), has to move with Frédéric Mitterrand. In the recent mail he sent him, the Mayor of Figeac asked the Minister of Culture "all to implement" that "be reconsidered" the removal of the "assent" of the ABF, without which no construction in an area of protection of the heritage (ZPPAUP) could until then be committed. The Act Grenelle I replaces it with a "simple view", in which it may be ignored.
Originally, this provision was included in the Act for the acceleration of construction and investment programmes adopted last January. It had been removed by the Constitutional Council on the basis that it was a "cavalier". Reintroduced by members in the text of the Grenelle 1, this measure had, once again, been extended, by the Senate, before be adopted by joint commission and joint to a majority vote.
"Double punishment".
Established in the early 1980s, though the State transferred the jurisdiction of town planning in the Commons, the procedure of the ZPPAUP allows them to user in the matter of more restrictive rules on a specific area of their territory. Some 560 of them used to protect and enhance whole sections of the built heritage, including Marseille (quarter of the basket), Lyon (Croix-Rousse slopes), but also many small towns and rural villages.
The benefit of this approach, recognized by all, is to involve the State and the community in the definition of the perimeter to protect and the specific planning regulations which applies. Beyond that, opinions diverge. "The assent of the ABF is a true double punishment." Once the rules are laid down with him, just keep. Why, moreover, give him the exorbitant power of the common law ", wonder Christian Jacob. Deputy-Mayor UMP of Provins (Seine-Marne) fits in unless as a hunting ABF another on average every two or three years and that each replacement commune exposes a different interpretation of the rules of the ZPPAUP.
"The opinion confirmed this cocompétence of the State and the community." He opened negotiations with spaces. "This will no longer the case with the simple view", judge instead to the Anvpah. The association is also concerned that this new device results in an accumulation of litigation before the administrative tribunal. The mayors could hide behind the ABF and the intangibility of the decisions of the representatives of the State. Can they, now, resist the pressure of local special interests
Finally, this change may affect investment Malraux in ZPPAUP. So far, can be tax-be deferred only work with the assent of the ABF. In til shall be with a simple notice "This tax exemption allowed in some cities, such as Dieppe and Bordeaux, to pursue a policy of restructuring of habitat in the old centre." "Some operations could thus be subsidized 80 ", said Frédéric Auclair, the President of the Association of ABF. It hopes that the Grenelle 2 will develop the controversial provision of Grenelle 1 "more finely". The Ministry of Culture told work soon.
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