Administrative, Permits

This decision concerns provisions on the protection of natural and urban environment during building work. A company requested the Court to withdraw a judgment of an administrative tribunal. This judgment repealed two orders of 7 September 2006 that authorized building works on a castle, and the removal of windows, the opening of a wall and the creation of a gallery and stairs inside this castle.

The Conseil d’Etat states that article R.111-21 that can apply for building works that affect the exterior of a building, cannot apply to the interior aesthetic of a construction.   

First, the Conseil d’Etat mentioned that under article R.111-21 of the Planning Law Code, a building permit can be refused or granted only under specific prescriptions if constructions, because of their location, their architecture and their size or the exterior aspect, can affect the special features of nearby locations, areas, natural landscape and landscape views. Theses dispositions that aimed to apply to projects that impact natural or urban environment, can apply to building works that affect the building itself.

Then, it ruled that the opening wall had an esthetic impact on the wall itself. Therefore, the tribunal did not commit an error of law. However, it decided also that building works for the stairs and gallery were not susceptible to have an impact of the interior aesthetic of the building. In addition article R.111-21 cannot apply to the interior aesthetic of a building. Therefore the tribunal committed an error of law on this point.