Sheet 3. Elaboration of the plan of valorization of the architecture and the heritage - Contracting authority collectivity
The development of the Architecture and Heritage Development Plan (AVAP) is conducted by the competent urban planning authority. If the Remarkable Heritage Site (SPR) concerns several municipalities, each competent authority may prepare the PVAP covering its territory or delegate to the municipalities that request it. The State - Regional Directorate of Cultural Affairs (DRAC), provides technical and financial assistance.
Articles L631-4 & R631-6 to D631-14 heritage code
1. Designation of Study Leader
The competent authority for town planning shall consider the PVAP by deliberation.
It organises the selection procedure for the study leader in association with thearchitect of the buildings of France (ABF). The latter notably participates in the preparation of the specifications and the selection of the service provider. Local RPD Board must also be associated with this phase (see form no.4).
The consultant must be an architect with expertise in heritage, urban planning and landscape. Other competences, necessitated by the particularities of the territory, may be required (historical, economic, social, ...).
Once the study leader has been selected, the community can apply to the RDCA for a grant.
2. Development of PVAP
It is conducted by the competent authority under the conditions defined by the specifications, in association with the ABF at all stages. The local commission is kept informed regularly.
The content of the PVAP is defined inarticle L.631-4 of the heritage code:
- a report presenting the objectives of the plan, based on a diagnostic including an inventory of heritage and landscape features;
- 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.
3. Consultation of the Regional Commission for Heritage and Architecture and public persons
The draft PVAP adopted, by deliberation of the competent authority and after the opinion of the local commission, is forwarded to the regional prefect (DRAC) for referral to the CRPA. The Competent Authority and Project Authority submit the project to RCAP.
The prefect shall also consult the public persons defined in Articles L.132-7 & L.132-9 of the urban planning code. The silence kept for 3 months is worth favorable opinion.
The Competent Authority shall refer, as early as possible, to the Environmental Authority for a “case-by-case” review that will determine whether or not an environmental assessment is required (Article R122-17 II 8a of the environment code).
4. PVAP Project Validation
The competent authority shall organise the public inquiry under the conditions laid down in Articles L.123-1 and following If changes are proposed at the end of the public inquiry, the local commission is again called upon.
The decision-making body of the competent authority shall adopt the PVAP after agreement by the regional prefect.
5. Advertising and Information Measures
The discussion approving the PVAP shall be the subject of the publicity 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 newspaper of the department, publication in the collection of administrative acts of the collectivity.
At this stage, the PVAP is mandatory for all to carry out work on buildings, built or not built, contained in the perimeter of the SPR.