Conseil d'Etat, Section, du 18 octobre 1968, 65358, publié au recueil Lebon
Date | 18 octobre 1968 |
Record Number | CETATEXT000007640279 |
Judgement Number | 65358 |
Court | Council of State (France) |
VU LE CODE DE L'URBANISME ET DE L'HABITATION ; LE DECRET DU 30 NOVEMBRE 1961 ; LE REGLEMENT SANITAIRE DEPARTEMENTAL DE L'HERAULT ; L'ORDONNANCE DU 31 JUILLET 1945 ET LE DECRET DU 30 SEPTEMBRE 1953 ; LE CODE GENERAL DES IMPOTS ;
CONSIDERANT, EN PREMIER LIEU, QU'EN VERTU DE L'ARTICLE 3-II DU REGLEMENT SANITAIRE DU DEPARTEMENT DE L'HERAULT, APPLICABLE A LA DATE OU EST INTERVENU L'ARRETE ATTAQUE DU 20 FEVRIER 1962 PAR LEQUEL LE PREFET A ACCORDE AU SIEUR Y... DE CONSTRUIRE UNE MAISON D'HABITATION SUR UN TERRAIN APPARTENANT A CE DERNIER, UNE DISTANCE D'AU MOINS DEUX METRES DOIT ETRE RESPECTEE ENTRE TOUT POINT D'UN BATIMENT ET LE POINT LE PLUS PROCHE DE LA LIMITE PARCELLAIRE ; QUE L'ALINEA 2 DU MEME ARTICLE DISPOSE : "TOUTEFOIS LA CONSTRUCTION DE BATIMENTS JOIGNANT LA LIMITE PARCELLAIRE PEUT ETRE AUTORISEE S'ILS DOIVENT ETRE EDIFIES EN CONTINUITE D'IMPLANTATION D'UN BATIMENT EXISTANT SUR LA PARCELLE VOISINE OU EN BORDURE D'UN TERRAIN NON CONSTRUCTIBLE" ; QUE, SI CES DISPOSITIONS INTERDISENT LA CONSTRUCTION D'UN IMMEUBLE QUI NE SERAIT PAS SOIT DISTANT DE DEUX METRES DE LA LIMITE PARCELLAIRE, SOIT CONTIGU A UN IMMEUBLE VOISIN, IL RESSORT DES PIECES DU DOSSIER, NOTAMMENT DES PLANS D'IMPLANTATION, QUE L'IMMEUBLE DONT LA CONSTRUCTION A ETE AUTORISEE PAR...
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