No judicial “benevolence” for this caravan parked in a garden in Orne

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The Caen administrative court rejected the “manifestly inadmissible” request from a resident of Corbon (Orne), between Bellême and Mortagne-au-Perche, who demanded the “benevolence” of administrative justice to be able to continue to park his “caravan” covered with “wood bark” on his land.

The November 9, 2022the Orne prefecture had in fact given the applicant formal notice to “remove the installations present on his plot” located at a place called “La Butte-Massot”, out of sight, in a remote area located not far from the roads of Joussetière and of Mont Ligeon. In fact, the law prohibits caravans from parking for more than three months per year on land, without planning permission.

A court seizure just before Christmas

The person concerned therefore seized the administrative court of Caen on December 23, 2022, two days before Christmas, in the hope that the Caen judges would show clemency “with regard to his caravan”: it “does not disfigure the site » since it “will be completely covered with wood bark”, he emphasized. He had also “produced” the disputed prefectural order but had not formally requested its “cancellation”…

However, “it is not up to the administrative court to accept conclusions tending towards purposes other than a cancellation or an order to pay a sum of money nor to send injunctions to the administration”, begins with him respond the administrative court of Caen in a decision of September 16, 2024 which has just been made public.

Deadline expires

“The judge cannot act as an administrator,” the judge takes great care to insist. This request is also “not accompanied by any legal or factual means” which could cause the prefectural formal notice to be considered tainted by any illegality, from the point of view of the magistrate. It is also not “likely to be regularized” due to “the expiration of the period for litigation”. The request is therefore “manifestly inadmissible” and “must therefore be rejected”, concludes the Caen judge.

MJ (PressPepper)

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