File no. 2.1. Preparation of the backup and development plan - State project management
The Protection and Development Plan (PSMV) is prepared jointly by the State and the competent authority for urban planning. This means that each decision or action in the drafting procedure must be agreed by both parties.
Articles L.313-1 & R.313-1 to 18 of the urban planning code
1. Review
The study of the PSMV is done by decree of the prefect of department, after agreement of the deliberative body of the competent authority in matter of planning document. This decree delimits the scope of the study and revises the Local Planning Plan (PLU).
It shall be the subject of the publicity and information measures referred to inArticle R.153-21 of the urban planning code, see point 7.
2. Designation of Study Leader
The Prefect of Department, Regional Directorate of Cultural Affairs (DRAC), organises the selection procedure of the Study Manager. The local authority and the architect of the buildings of France (ABF) are involved at all stages, especially during the drafting of the specifications and the selection of the candidate. It is also desirable to have the specifications validated by the local commission of the Remarkable Heritage Site (SPR). The Study Manager shall be appointed by the Prefect of the Department with the agreement of the competent authority.
The project manager must be an architect with skills in the fields of heritage, art history, urban planning, landscape. Other skills may be requested because of the specificities of the territory and the objectives pursued by the PSMV (economic, social, etc.). He may set up a multidisciplinary team, and in case of grouping he must be appointed representative.
3. Development of the Backup and Enhancement Plan (PSVM)
The implementation of the PSMV is conducted jointly by the Prefect and the competent authority in accordance with the procedures defined in the selection specifications of the project manager. The local commission is involved throughout the procedure (see sheet 4).
A working group or technical committee may be established to monitor the development of the MVSP.
The PSMV is a planning document, it takes the place of PLU in the territory it covers, it must therefore integrate all fields of urban policy, and must be compatible with the Project of Development and Sustainable Development (PADD).
The content of the PSMV is defined in the articles R.313-2 to 6 of the urban planning code:
- a presentation report explaining the choices made and their compatibility with the PADD, based on a diagnosis including an inventory of heritage, historical, urban, architectural, archaeological, artistic and landscape architecture analysis by building or group of buildings;
- a regulation that contains:
- requirements concerning the architectural quality of new or existing structures (materials, layout, massing, surroundings);
- rules on the conservation or enhancement of built heritage and natural or urban areas;
- the delimitation of buildings, public spaces, monuments, sites, yards and gardens, the identification of plantations and urban furniture to be protected and preserved, developed or requalified for cultural reasons, history or architecture and the provisions for their conservation or restoration;
- a graphic document showing the scope covered by the plan, a typology of buildings, protected buildings, whether built or not, the conservation, restoration, development or requalification of which is required, and, where applicable, special conditions relating to the layout, morphology, dimensions of the structures and the materials of the enclosure and canopy.
PSMV can protect architectural and decorative elements, also located inside buildings.
4. Consultation with local and national commissions
The competent planning authority shall refer the matter to the local SPR commission and, where appropriate, the municipality concerned for an opinion on the draft PSMV adopted. In view of these opinions, it is deliberating on this project.
The Prefect of Department sends to the Minister of Culture, DRAC, for examination of the PSMV by the National Commission of Heritage and Architecture.
The Prefect refers, as early as possible, the environmental authority for the examination «on a case by case» which will decide on the necessity or not to carry out an environmental assessment (article R122-17 II 8 of the environment code).
5. The Public Inquiry
The prefect of department shall organise the public inquiry under the conditions laid down in Articles L.123-1 et seq. of the environment code. The dossier shall consist of the presentation report, the rules of procedure, where appropriate, the planning and programming guidelines, and the various opinions.
In the event of a change in the project following the public inquiry, the opinions of the local committee of the RPD and the deliberative body of the competent authority in matters of town planning are again sought.
6. Approval of the Safeguard and Enhancement Plan
The PSMV is approved by decree of the Prefect of Department or decree in Council of State in case of unfavourable opinion of the deliberative body of the competent authority in matters of planning.
7. Advertising and Information Measures
The order approving the PSMV is the subject of the advertising and information measures provided for inarticle R.153-21 of the code of the town planning: display for 1 month at the headquarters of the Public Institution of Intercommunale Cooperation and/or in town hall(s), with mention of this display in a journal of the department, publication in the collection of administrative acts of the State in the department.
At this stage, the PSMV is mandatory for all to carry out work on buildings, built or not built, contained in the perimeter of the SPR.
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