Ensemble Planning Programs (PAE) on Rennes Métropole
Description
This layer of polygons identifies the perimeters of the Programmes d’Aménagement d’Enssemble (PAE) on Rennes Métropole
As of March 1, 2012, it is no longer possible to create a Comprehensive Planning Program (EAP); however, the EAPs introduced before that date continue to have effect until the municipal council decides to close it.
An EAP is a mechanism for ‘constructors’ participation in the financing, in whole or in part, of a public equipment programme which a municipality, or an EPCI, undertakes to carry out, in a given sector, to meet the needs of future inhabitants or users of the construction to be built in this sector. Created in 1985, its object is purely financial and it does not constitute an urban planning procedure, even if it can be combined with some of them. The participation that allows it to be financed is an alternative to certain participations and taxes. It can be combined with some of them. The EAP makes it possible to cover almost all the financing of infrastructure and superstructure equipment. Its participation comes only in repayment of a cash advance from local authorities and is only due since the constructions that generate it are completed. It finds one of its limits in the general tax principle of direct and proportionate link (Article L 311-4 of the CU). Moreover, a case law of the Council of State of 27 January 2010 made it less attractive before Law No. 2010-1658 of 29 December 2010 organises its gradual disappearance." (Ref.: http://www.outil2amenagement.certu.developpement-durable.gouv.fr/ dated 14/02/2017).
Remarks and details on taxes and participations:
* EAP and ZAC: Where equipment has to be constructed to meet the needs of future inhabitants or users of the constructions to be built in several successive operations to be the subject of concerted development areas or comprehensive development programmes, the allocation of the cost of such equipment between different operations may be provided from the first operation, at the initiative of the public authority which approves it.
A ZAC may be created in a larger EAP; in this case, the planner takes over the share of the equipment program that benefits the ZAC and the builders of the land acquired from the planner will be exempt from the EAP participation. An EAP can also be created in an AAC to involve owners whose land is not controlled by the planner in the cost of the ZAC equipment.
* EAP and stay of proceedings: The adoption of an EAP does not allow the use of the suspension to rule on applications for land use authorisation likely to jeopardise its implementation
* Implementation of the Development Tax within the perimeter of an ex-PAE: The municipal or inter-municipal share of the development tax is not due where the contribution due under an EAP scheme established before 29 February 2012 continues to be payable. Following the deliberation of the closure of the EAP by the relevant municipal council or EPCI, the development tax may enter into force within the scope of the ex-EAP. Two alternatives are then possible: if the TA rate applicable in the sector in which the EAP was located is less than 5 %, this rate shall apply within its scope without any need to deliberate; if the rate in the sector is above 5 %, a lower rate for the scope of the ex-EAP must be set before 30 November. Indeed, the public equipment programme of the EAP has already financed part of the public equipment of the sector, unless it is shown very precisely that “the works are carried out and very little financed”.
This data is derived from information retrieved from the municipalities of Rennes Métropole (via the Sols Law department, supplemented occasionally by territorial urban planners) or from data managers, in the current state of knowledge. The “observations” attribute available in the database specifies the validity of the information.
This layer contains archived data. They are identifiable via the field named “archive” entered by “true”.
Resources
| Name |
Format |
Description |
Link |
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23 |
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https://www.data.gouv.fr/api/1/datasets/r/f675f63d-2e5d-4f44-82ad-82bb28c0b6e0 |
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8 |
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https://www.data.gouv.fr/api/1/datasets/r/4d68e962-0c82-4cb9-97bf-bbf77c789ba1 |
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57 |
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https://www.data.gouv.fr/api/1/datasets/r/db04f115-608d-4f1a-a275-91fc34032216 |
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23 |
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https://www.data.gouv.fr/api/1/datasets/r/23e4c063-5275-45dc-869f-cda645adac2a |
Tags
- taxe-fonciere
- equipement
- urbanisme
- projet-dequipement