Conseil d'État, 5ème chambre, 02/07/2020, 427712, Inédit au recueil Lebon
Counsel: | SCP FOUSSARD, FROGER ; SCP BAUER-VIOLAS, FESCHOTTE-DESBOIS, SEBAGH ; SCP GASCHIGNARD |
Court: | Conseil d'Etat (France) |
Judgement Number: | 427712 |
Record Number: | CETATEXT000042078269 |
Writing for the Court: | M. Alain Seban |
Vu la procédure suivante :
M. et Mme D... B... ont demandé au tribunal administratif de Montreuil, d'une part, d'annuler la décision implicite du 30 juin 2013 par laquelle le maire de la commune des Lilas a rejeté leur recours gracieux du 29 avril 2013 tendant au retrait du permis de construire du 8 octobre 2012 autorisant M. A... C... à agrandir une maison située 27 bis, rue de la République et, d'autre part, d'annuler ce permis de construire. Par un jugement n° 1308118 du 2 octobre 2014, le tribunal administratif a rejeté cette demande.
Par un arrêt n° 14VE03367 du 15 décembre 2016, la cour administrative d'appel de Versailles a rejeté l'appel formé par M. et Mme B... contre ce jugement.
Par une décision n° 408105 du 7 mars 2018, le Conseil d'Etat statuant au contentieux, sur le pourvoi de M. et Mme B... a annulé cet arrêt et renvoyé l'affaire devant la cour administrative d'appel de Versailles.
Par un nouvel arrêt n° 18VE00900 du 6 décembre 2018, la cour administrative d'appel de Versailles a annulé le jugement du tribunal administratif de Montreuil, ainsi que l'arrêté du maire des Lilas du 8 octobre 2012.
Par un pourvoi sommaire et un mémoire complémentaire, enregistrés au secrétariat du contentieux du Conseil d'Etat les 5 février et 2 mai 2019, M. C... demande au Conseil d'Etat :
1°) d'annuler cet arrêt ;
2°) réglant l'affaire au fond, de rejeter la requête de M. et Mme B... ;
3°) de mettre à la charge de M. et Mme B... une somme de 4 000 euros au titre de l'article L. 761-1 du code de justice administrative.
Vu les autres pièces du dossier ;
Vu :
- le code de l'urbanisme ;
- le code de justice administrative et l'ordonnance n° 2020-305 du 25 mars 2020 ;
Après avoir entendu en séance publique :
- le rapport de M. Alain Seban, conseiller d'Etat,
- les conclusions de Mme Cécile Barrois de Sarigny, rapporteur public.
La parole ayant été donnée, avant et après les conclusions, à la SCP Foussard, Froger, avocat de M. C... et à la SCP Gaschignard, avocat de M. B....
Considérant ce qui suit :
1. Il ressort des pièces du dossier soumis aux juges du fond que, par un arrêté du 8 octobre 2012, le maire de la commune des Lilas a accordé un permis de construire à M. C... en vue de la réalisation d'une maison comportant deux étages et des combles, d'une hauteur de 9 mètres, sur une parcelle cadastrée D88, au 27 bis rue de la République, par la surélévation de la maison existante. Par un jugement du 2 octobre 2014, le...
Pour continuer la lecture
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