CAA de MARSEILLE, , 09/02/2021, 20MA03561, Inédit au recueil Lebon
Counsel: | JURIS EXCELL |
Court: | Cour administrative d'appel de Marseille (Cours Administrative d'Appel de France) |
Judgement Number: | 20MA03561 |
Record Number: | CETATEXT000043113620 |
Procédure contentieuse antérieure :
M. A... B... a demandé au tribunal administratif de Montpellier d'annuler l'avis défavorable du préfet de l'Hérault du 15 janvier 2019 sur sa demande de permis de construire et l'arrêté du 4 mars 2019 par lequel le maire de la commune de Mons-la-Trivalle a refusé de lui délivrer un permis de construire pour le construction d'une maison d'habitation et un garage.
Par un jugement n° 1902196 du 15 juillet 2020, le tribunal administratif de Montpellier a rejeté sa demande.
Procédure devant la Cour :
Par une requête, enregistrée le 14 septembre 2020, M. B..., représenté par Me C..., demande à la Cour :
1°) d'annuler le jugement n° 1902196 du 15 juillet 2020 ;
2°) d'annuler l'avis conforme défavorable du préfet de l'Hérault du 15 janvier 2019 ;
3°) d'annuler l'arrêté du 4 mars 2019 du maire de de la commune de Mons-la-Trivalle portant refus de permis de construire ;
4°) de mettre à la charge de la commune de Mons-la-Trivalle de 2 500 euros sur le fondement des dispositions de l'article L. 761-1 du code de justice administrative ainsi qu'au titre des dépens.
Il soutient que :
- sa parcelle se trouve en continuité de l'urbanisation du village de Mons-la-Trivalle ;
- le préfet de l'Hérault a fait une inexacte application des dispositions de l'article L. 122-5 du code de l'urbanisme et entaché sa décision d'erreur de fait en estimant que son projet est situé entre deux villages ;
- les dispositions de l'article L. 111-3 du code de l'urbanisme ne pouvaient lui être opposées dès lors que celles de l'article 122-5 du même code sont seules applicables ;
- en tout état de cause, le projet est situé dans une partie actuellement urbanisée de la commune ;
- l'avis conforme du préfet est entaché d'une erreur manifeste d'appréciation eu égard à la nature du projet et dès lors qu'un certificat d'urbanisme positif lui a été délivré.
Vu les autres pièces du dossier ;
Vu :
- le code de l'urbanisme ;
- le code de justice administrative.
Considérant ce qui suit :
1. M. B... relève appel du jugement tribunal administratif de Montpellier du 15 juillet 2020 rejetant sa demande tendant à l'annulation de l'avis défavorable du préfet de l'Hérault du 15 janvier 2019 sur sa demande de permis de construire et de l'arrêté du 4 mars 2019 par lequel le maire de la commune de Mons-la-Trivalle a refusé de lui délivrer un permis de construire pour la construction d'une maison d'habitation...
Pour continuer la lecture
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