The T5 easements are established pursuant to articles L. 6351-1 and L. 6351-2 to L. 6351-5 of the Transportation Code (formerly R. 241-1 to R. 242-3 of the Civil Aviation Code).These are easements, known as “airway services”, created to ensure the safety of the movement of aircraft, excluding radio easements. They are defined by:- a plan of aeronautical alternate easements (AES) drawn up for each aerodrome referred to in Article L. 6350-1 of the Transport Code (formerly R. 241-2 of the Civil Aviation Code),- or by interim safeguard measures which may be implemented in the event of an emergency, before being taken back into an approved ASP.These aeronautical clearance easements include:- the prohibition on creating or the obligation to modify, even removing obstacles likely to constitute a danger to air traffic or harmful to the operation of safety devices (blow, radio or meteorological) established in the interest of air navigation,- the prohibition on carrying out major repairs or improvements on vessels and other works affected by aeronautical easement exempted from the building permit without the authorisation of the administrative authority.The T5 easement applies:- all aerodromes open to public air traffic,- restricted-use aerodromes created by the State,- under prescribed conditions, certain restricted-use aerodromes created by a person other than the State.The generators are linked to the infrastructure as provided for the final stage of development of the aerodrome, namely the runway system(s), the final approach and take-off area for the exclusive use of helicopters, visual aids where applicable.The generator of a public utility easement is a geographical entity whose nature or function induced, by virtue of regulations, constraints on the way the land is occupied on the surrounding land.The disappearance or destruction on the site of the generator does not result in the removal of the easement(s) associated with it.
Only a new act of annulment or repeal by the competent authority may legally remove the effects of the easement(s) in question.
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