CAA de NANTES, 5ème chambre, 09/02/2021, 20NT00949, Inédit au recueil Lebon
Counsel: | MARTIN AVOCATS |
Court: | Cour Administrative d'Appel de Nantes (Cours Administrative d'Appel de France) |
Judgement Number: | 20NT00949 |
Presiding Judge: | M. CELERIER |
Record Number: | CETATEXT000043113428 |
Writing for the Court: | M. François-Xavier BRECHOT |
Procédure contentieuse antérieure :
M. F... A..., Mme B... I..., M. J... E..., Mme K... C... et l'association Préservons notre Bel Air ont demandé au tribunal administratif de Rennes d'annuler, d'une part, l'arrêté no PC 035069 13 U0038 M01 du 9 août 2018 par lequel le maire de Châteaugiron a délivré un permis de construire modificatif à l'office public de l'habitat Néotoa sur un terrain situé avenue Pierre Letreut, ainsi que la décision du 12 novembre 2018 rejetant leur recours gracieux, et, d'autre part, l'arrêté no PC 035069 13 U0038M02 du 18 juillet 2019 par lequel le maire de Châteaugiron a délivré à Néotoa un permis de construire modificatif no 2 sur le même terrain.
Par un jugement no 1900178 du 17 janvier 2020, le tribunal administratif de Rennes a annulé l'arrêté du 9 août 2018 en tant qu'il autorise, pour le bâtiment A1, la présence d'éléments de construction se rapportant à des loggias au niveau R+2 qui ne s'inscrivent pas dans le " gabarit-enveloppe " fixé par l'article UC 10 du règlement du plan local d'urbanisme de Châteaugiron, ainsi que la décision du 12 novembre 2018 rejetant le recours gracieux et rejeté le surplus des conclusions de la demande.
Procédure devant la cour :
Par une requête, enregistrée le 13 mars 2020, et des mémoires, enregistrés les 19 et 27 novembre 2020, la commune de Châteaugiron et l'établissement public Néotoa, anciennement dénommé Habitat 35, représentés par la SARL Martin Avocats, demandent à la cour :
1°) d'annuler ce jugement en tant qu'il a partiellement fait droit à la demande de première instance ;
2°) de rejeter les conclusions de la demande de première instance accueillies par le jugement attaqué ;
3°) de mettre à la charge solidaire de M. A... et autres une somme de 1 500 euros à verser à chacun d'eux au titre des dispositions de l'article L. 761-1 du code de justice administrative.
Elle soutient que :
- le moyen d'annulation retenu par le tribunal administratif de Rennes est infondé ;
- les autres moyens invoqués par M. A... et autres ne sont pas fondés.
Par un mémoire en défense, enregistré le 29 octobre 2020, et un mémoire non communiqué enregistré le 4 décembre 2020, M. F... A..., Mme B... I..., M. J... E..., Mme K... C... et l'association Préservons notre Bel Air, représentés par Me H..., demandent à la cour de rejeter la requête et de mettre à la charge de la commune de Châteaugiron et de Néotoa une somme de 1 500 euros à verser à chacun des...
Pour continuer la lecture
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