JEK
Senior Insider
Permit canceled for the concrete power plant project
in Petite Saline
By a decision dated July 5, the administrative court of Saint-Barthélemy canceled the building permit granted to a company by the local authority last May in order to build a concrete power station in Petite Saline.
There will be no central concrete central in Saint-Barthélemy. In any case not immediately and not in the Saline sector. By a public reinforced decision on July 5, the administrative court canceled the building permit granted on May 21, 2021 by the local authority to the company Laplace Services. Enrected by the executed council of the previous majority, the project will therefore not be able to see the light of day. At the very least not in the form presented initially.
In the weeks following the issuance of the building pe
rmit, several residents supported by the essential Saint-Barth associate filed a request for cancellation before the administrative court. Their file maintained that the building permit did not meet different points of regulation of the code and the plan of town planning. It also included complaints from local residents who believed that a generous concrete plant would have additional nuisance to those already cautious by the presence in the district of a crushing plant.
Not a compliant height
In its judgment order, the court recalls that a first request for a building permit for a concrete plant was refused to the company Laplace Services on March 21, 2019 by the town planning mission of the local authority. The second request was withdrawn following a meeting of the Executive Council of October 29, 2020 during which the question of the heights of the buildings was mentioned. The plans had then been modified and the power station was diminished by one meter high and remote more so, explained the court, "that it is below the middle height of the buildings envi- ronnantes ”. However, the tri-Bunal observes that the works of the concrete power plant still do not have a height in accordance with the provisions registered in the town planning code (article UA 7).
"A dry judgment"
The lawyer for residents and essential Saint-Barth, Philippe Hansen, insists that the magistrates of the administrative tri- bunal have rendered
The building permit granted by the local authority on May 21, 2021 for a third concrete plant in Petite Saline was canceled by the administrative court.
taken to collect the shoot "and ensures that the new majority" will take measures "so that the situation changes.
"A heritage of the old majority"
First vice-president of the community, Marie-Hélène Bernier recalls that the appeal before the administrative court was initiated by the local residents. The Essential Saint-Barth association, of which she was then the president (she depressed her function at the time of the territory elections last March), only supported their approach. "Because it was believed that a third concrete hundred in the face was not necessary," said the elected official. As the first vice-president of the community, I note that this building permit granted is a heritage of the former majority. A legacy with which the new management team will have to compose. Because other files have not yet found a way out. Like that of the Hotel de l'Etoile project in Saint-Jean, for example.
"A dry judgment". For him, this demonstrates "the degree of legality" of the building permit issued by the preparing majority. However, he specifies that the subject of the concrete plant is not the only problem in the Saline sector. "Even without this power station, the site is problematic," says the lawyer. The two concasurers give off shoots, especially in dry period, which in our opinion are dangerous for the
human health. We have prevented that problems are added, but we are far from being drawn from the case. »»
"No serious study"
During the voting of the Exemptive Council of May 21, 2021, only one elected representative of the majority had opposed the issuance of the building permit: Marie-Angèle Aubin. Disassembled but third vice-présinte of the new territorial majority, Marie-Angèle Aubin declares herself "very satisfied
made of the result "and says:" This justifies the position I had taken. There is still a lot of work to do on this area which has become an artificial area but not well reflected. There had been no serious study when there are homes. Gwad ’Air (the air quality study laboratory, n
