These are easements resulting from the drawing up of plans for the prevention of technological risks (PPRT) intended to limit the effects of accidents likely to occur in installations classified for the protection of the environment (ICPE) listed in the list provided for in Article L. 515-8 of Article L. 515-8 of the Environmental Code or in underground storage facilities referred to in Article 3-1 of the Mining Code and which may have effects on public health, public health and safety directly or by pollution of the environment.
These plans define, around such facilities or storages, a perimeter of exposure to risks.
Within this perimeter, PPRTs can:
— delimiting areas in which the construction of developments or works and new constructions and the extension of existing buildings are prohibited or subject to compliance with requirements relating to construction, use or operation,
— provide, within those areas, on the one hand, areas in which a right of abandonment of buildings or parts of buildings existing on the date of approval of the plan, on the other hand, may be established for areas where expropriation is possible,
— prescribing measures for the protection of populations (including work on the existing building) to be taken by owners, operators and users within the time limits specified in the plan.
The generator of a public 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.
Law No 2003-699 of 30 July 2003 on the prevention of technological and natural hazards and compensation for damage (Article 5).
Articles L515-15 to L515-26 of the Environmental Code in force until 13 July 2010, before amendment by Law ENE No 2010-788 of 12 July 2010.
Decree No. 2005-1130 of 7 September 2005 on technological risk prevention plans.
Articles R515-39 to R515-50 of the Environmental Code.
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