the Council of State gives the green light to the construction of a house near a popular location

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The Council of State disowned a resident of Meudon (Hauts-de-Seine) who wanted to cancel the building permit granted to his neighbor in March 2020 to build a house “visible” from avenue du Château.

Referral to the Council of State for total cancellation

Brigitte

She therefore appealed to the Council of State for the cancellation to be complete: she criticized the Cergy-Pontoise administrative court in particular for having “distorted the documents in the file” by considering that “the construction project will not be visible with the naked eye from Avenue du Château” while the entire Royal Domain of Meudon is listed as a Historic Monument.

It was in fact the property of the “Grand Dauphin”, the son of Louis XIV, and today still houses the Paris Observatory founded in 1876 by the astronomer Jules Janssen.

The building permit is definitively validated

The magistrates of the Cergy-Pontoise administrative court had also ruled that the “new documents” which had been paid to the town planning department of the town of Meudon “subsequent to the opinions of the managers of the public water, electricity and water networks “sanitation” did not constitute a “procedural defect”, contrary to what the applicant claimed. According to her, these documents could have “modified the assessment” made of the project.

The administrative judges also considered that she had not given enough “details” to “establish” that “three tall trees” were not mentioned in the file submitted to the town hall by her neighbor. Brigitte However, in Meudon, town planning rules require that “any felled tree be replaced by a tree of the same landscape quality”, which was not the case in this case, according to her.

Her neighbor's project was finally “located in a zone of high risk of shrinkage and swelling of clay soils”, which would “endanger public health or safety”, she feared.

But “none of these means is likely to allow the appeal to be admitted”, concludes the Council of State in a judgment dated September 30, 2024 and which has just been made public. The building permit is therefore definitively validated.

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