Key Benefits:
The Prime Minister,
On the report of the Minister of State, Minister of Interior and Land Management,
Considering the environmental code, including articles L. 123-1 to L. 123-16;
Considering the code of expropriation because of public utility;
Considering the general code of territorial authorities, including article L. 3211-1;
Considering the urban planning code, including articles L. 123-16 and R. 123-23;
Considering the rural code, including articles L. 123-24 to L. 123-26 and L. 352-1;
Considering the road traffic code, including its articles L. 151-1 to L. 151-4 and R. 151-1 to R. 151-4;
Considering the land occupancy plan for the local urban planning of the commune of La Riche approved on 24 October 1977 and revised on 19 December 2000;
Considering the plan of occupancy of the local urban plan of the commune of Fondettes approved on 6 July 1978 and revised on 17 December 1999;
Considering the plan of occupancy of the local urban planning of the commune of Saint-Cyr-sur-Loire approved on 25 November 1977 and revised on 22 February 1999;
Considering the deliberation of the General Council of Indre-et-Loire of 20 March 2003 calling for the opening of the public screenings necessary for the realization of the development project of the peripheral boulevard north-west of the agglomeration towerangelle;
Having regard to the decision of the President of the Orleans Administrative Court of 4 December 2003 appointing the commission of inquiry;
Given the prefectural order of 10 March 2004 prescribing the opening of public pre-investigations bearing both on the public utility of the development work of the north-west section of the peripheral boulevard of the agglomeration tower between the exchanger of La Riche/Tours-centre and RN 138, on the compatibility of the POS/PLU of the communes of La Riche, Fondettes
Having regard to the prefectural order of 14 April 2004 extending the duration of public investigations by fifteen days;
Considering the pieces of the investigations to which it was conducted from 5 April to 21 May 2004 inclusive, together with the opinion of the commission of inquiry;
Having regard to the minutes issued following the March 23, 2004 meeting on the compatibility of land occupancy plans with local urban planning in the communes of La Riche, Fondettes and Saint-Cyr-sur-Loire;
Considering the deliberation of the municipal council of Saint-Cyr-sur-Loire on 15 November 2004 giving an opinion favorable to the compatibility of the local plan of urban planning and the attribution of the express road character;
Considering the deliberation of the Municipal Council of Fondettes dated November 19, 2004, giving an opinion favorable to the compatibility of the local plan of urban planning and the attribution of the express road character;
Considering the deliberation of the La Riche City Council of 24 November 2004 giving a favourable opinion to the compatibility of the local urban planning plan and the attribution of the express road character;
Considering the deliberation of the Standing Committee of the Indre-et-Loire General Council of 17 September 2004 approving the continuation of the project;
Having regard to the document dated 26 July 2005, setting out the grounds and considerations justifying the public utility of the two-way development work on the peripheral boulevard of the watershed (1);
The State Council (inland section) heard,
Decrete:
The acquisitions and works necessary for the realization of a two-way section, known as the "northwest section of the peripheral boulevard of the peanut agglomeration", in the territory of the communes of La Riche, Fondettes and Saint-Cyr-sur-Loire, in accordance with the plan of 1/10 000 annexed to this decree (2).
The necessary expropriations shall be carried out within five years of the publication of this decree.
The department of Indre-et-Loire, owner, is required to remedy the damage caused to farms by the execution of this work under the conditions laid down in articles L. 123-24 to L. 123-26 and L. 352-1 of the rural code.
The express route character is assigned to the entire route delimited by the attached plan (2).
Access to the express road is prohibited at all times:
- to pedestrians;
- to horsemen;
- at cycles;
- to animals;
- to non-mechanical traction vehicles;
- mopeds, tricycles and engine quadricycles;
- to tractors, agricultural equipment and public works equipment referred to in Article R. 311-1 of the Highway Code;
- motor vehicles or combinations of vehicles that would not be able, by construction, to reach a speed of 40 km/h in level.
Parking is prohibited on the express road, except in case of absolute necessity.
However, these prohibitions do not apply to personnel and materials of public administrations, concessionary or authorised organizations to occupy the public domain of the express road and to companies called to work there when their mission requires their presence on the express road.
This Order will amend the land occupancy plans for local urban planning in the communes of La Riche, Fondettes and Saint-Cyr-sur-Loire, in accordance with the annexed documents (3).
The Minister of State, Minister of Interior and Land Management, the Minister of Transport, Equipment, Tourism and the Sea, and the Minister Delegate to Territorial Authorities are responsible, each with respect to him, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, 18 November 2005.
Dominique de Villepin
By the Prime Minister:
The Minister of State,
Minister of Interior
and landscaping,
Nicolas Sarkozy
Minister of Transport, Equipment,
tourism and the sea,
Dominica Perben
Minister Delegate
territorial authorities,
Brice Hortefeux