Description 1.1. The classification as a remarkable heritage site. Scoping phase - Contracting authority State
The State, on the proposal of the National Commission of Heritage and Architecture or the Regional Commission of Heritage and Architecture, may take the initiative of a classification under the title of Remarkable Heritage Site (SPR). The community must be involved from the beginning of the process and at all stages. The State may seek financial participation from the community.
Articles L.631-1 to L.631-2 & R.631-1 to R.631-4 heritage code
1. The Screening Study
The purpose of the preliminary study is to define the perimeter of the SPR on the basis of a diagnosis to assess the historical, architectural, archaeological, artistic or landscape interest of the territory concerned.
This study is being prepared by theArchitect of the Buildings of France (ABF) , in consultation with the architectural advisor of the Regional Directorate of Cultural Affairs (DRAC) Grand Est and the community(s) concerned.
A study leader may be hired to assist the AFB in the development of the study.
2. Consultation of the National Commission of Heritage and Architecture (CNPA)
Once the project of perimeter of the SPR stopped, the Prefect of Region (DRAC Grand Est) refers the Minister of Culture for consultation of the National Heritage and Architecture Commission (CNPA).
The file submitted must include the preliminary study, including the diagnosis, the proposed scope and its management tool, as well as the decision of the competent authority validating the project and, if applicable, the opinion of the joint(s) concerned.
The community and, if applicable, the Study Authority is involved in the submission of the project to the NFPC.
The CNPA pronounces itself on the scope project, and proposes the most suitable management tool, Backup and Enhancement Plan (MVSP) or Architecture and Heritage Development Plan (PVAP) or both (cards #2 and #3).
The Minister of Culture shall seek the agreement of the competent authority for town planning and, where appropriate, the opinion of the municipality(s) concerned. Silence by the competent authority for 3 months means tacit agreement
3. The Public Inquiry
The Prefect of Department organizes the public inquiry under the conditions defined in Articles L.123-1 and following environment code. The investigating member, appointed by the administrative tribunal, must have a record enabling him or her to inform the public of the reasons and consequences of the creation of an RPD.
In case of modification of the project at the end of the public inquiry, the Minister of Culture again requests the opinion of the CNPA and the agreement of the competent authority in matters of planning, and if necessary the opinion of the municipality(s) concerned. Silence by the competent authority for 3 months means tacit agreement
4. The closing decision
At the end of the public inquiry, the prefect of department sends to Prefect of the Region (DRAC Grand Est) the RPD’s request for classification.
The file includes the draft RPD order, the opinion of the CNPA, the deliberation of the competent authority validating the project, the opinion and the report of the investigating member.
The decision of classification, which delimits the perimeter, is taken by order of the Minister of Culture.
In the absence of agreement of the competent authority in matters of town planning the decision of classification is taken by decree in the Council of State. It shall be notified by the Prefect of the Region to the competent authority in matters of town planning with, where appropriate, a copy to the municipalities concerned.
5. Advertising and Information Measures
The RPD’s classification decision is the subject of advertising and information measures under theArticle R.153-21 of the Urban Planning Code : 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 or in the official journal if decree in the Council of State.
On the other hand, if the community is covered by a Local Town Planning Plan, a town planning document in its place or a municipal map, the SPR layout must be appended to the document.
6. Effects of Classification as a Remarkable Heritage Site
The RPD classification decision is the first step. The development study of the management document, PSMV and/or PVAP, can then be initiated (see sheets #2 and #3).
Upon publication of the RPD classification decision, a local board must be established (see sheet 4).
The RPD must also have means of mediation and citizen participation.
Work likely to alter the condition of the exterior parts of buildings, including the second work, is subject to prior authorization. Interior works are subject to prior declaration as soon as the decree prescribing the study of a PSMV.
The easement of the surroundings is suspended within the perimeter of the SPR, a procedure for creating a Delimited Perimeter of Approaches can be initiated in parallel.
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