Decree No. 2013 - 1038 July 25, 2013

Original Language Title: Décret n° 2013-1038 du 25 juillet 2013

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Ministry of town planning and HABITAT Decree No. 2013 - 1038 July 25, 2013 Decree No. 2013 - 1038 July 25, 2013, stating unit public projects of the new Poles of Daga urban development - kholpa; Ordering Details urban Plans developing and prescribing safeguard measures.

PRESENTATION report Senegal knows, for a few decades, a high urbanization. Indeed, the urbanization rate increased successively 23% in1960 at 43.16% in 2011 according to the national agency of statistics and demographics (ANSD).

The Dakar region concentrates 26% of the population of the country on 0.28% of the national territory. Added to this is the concentration of the economic activities most of the country.

The development of cities and the production of housing have become major problems in Senegal due to imbalances between urbanization and the land development on the one hand and between supply and demand for housing on the other hand.

A lack of supply in particular social housing, is is grafted the flooding problem which deprives a large part of the population from their homes.
To find a solution to the problem of housing, especially for the large number, the Government of Senegal made urban planning and the promotion of social housing a priority for economic and social development.

The realization of urban development to Daga-Kholpa pole to answer, in part, to this strong demand for housing in the region of Dakar.
Therefore, the implementation of this pole of urban development will increase access to social housing and create new centres of activity in the Dakar metropolitan area.

Such is the economy of the present Decree the President of the Republic, pursuant to the Constitution;

Pursuant to law n ° 64-46 June 17, 1964;

Pursuant to law n ° 1976-66 of July 2, 1976 bearing Code in the domain of the State;

Considering law 76-67 of 2 July 1976 on the expropriation for public utility and other financial operations of public utility;

Pursuant to law n ° 1996-07 22 March 1996 on the transfer of powers to regions, municipalities and rural communities, as amended;

Pursuant to law n ° 2008-43 dated 20 August 2008 bearing the town planning Code, as amended;

Having regard to Decree n ° 64-573 on 30 July 1964, laying down the conditions for the application of the law 64-46 on the national domain;

Having regard to Decree n ° 81-557 of 21 May 1981 on the transfer of powers to the municipalities and rural communities;

Having regard to Decree n ° 96-1138 27 December 1996 on the implementation of Act 96-07 of March 22, 1996;

Having regard to Decree 427 2012 April 3, 2012, appointing the Prime Minister;

Having regard to Decree 2012-1223 of 5 November 2012 on the distribution of the services of the State and control of public institutions, national companies and companies with public participation between the Presidency of the Republic, the Prime Minister's Office and the ministries, amended by Decree No. 2013-11 January 3, 2013;

Having regard to Decree n ° 2013-161 of 25 January 2013 on the powers of the Minister of town planning and Habitat seen order 2013-277 of February 14, 2013 concerning the composition of the Government.

Joint report of the Minister of town planning and Habitat and the Minister delegate in charge of the Budget.

Decrees: Article 1. -Is declared public utility project new Pole of urban development of Dago-Kholpa located in the Department of Rufisque, Dakar Region.

S. 2 - the urban Pole of development new of Daga-Kholpa covers an area of 2,870 hectares included and is thus delimited;
-to the North by the axis of the national road No. 1 connecting the Village of Bokhou to that of Emma on a distance of 5357 m;
-to the East, perpendicular to the national road No. 1 from the humble Village, to Toubab Dialaw, a distance of 5.357 m;
-on the South, by the axis parallel to the national road N ° of National Highway No. 1 and 5.357 m;
-to the West, by the axis perpendicular to the route nationale No. 1 by Village of Bokhou to the sea, a distance of 5.357 m.

S. 3. - is ordered the development of the Master Plan Details of the area described in article 2, in accordance with the provisions of law 2008-43 of 20 August 2008 bearing the town planning Code, as amended.

S. 4. - pursuant to the provisions of article 10 of law 2008-43 of August 20, 2008, as amended, the following safeguard measures shall apply in the locations referred to in article 2:-submission to authorisation issued by the authority in charge of the preparation of the documents;
-possibility to stay proceedings on applications for permission to construct;
-General suspension of the issuance of authorizations to build in one or more areas;
-possibility to stay proceedings on applications for permission to open establishments;
-submission to prior administrative authorisation of all public and private works.

These safeguard measures are valid for a period of 3 years from the publication in the Official Journal of the Act establishing them. However, this is likely an extension of two consecutive periods of 6 months.

S. 5 - is repealed any regulatory provision contrary to this Decree.

S. 6 - the Minister of the Interior, the Minister of economy and finance, the Minister of planning of the territory and local communities and the Minister of town planning and Habitat are responsible, each in relation to the implementation of this Decree which shall be published in the Official Journal.

Made in Dakar, July 25, 2013, by the President of the Republic: Macky SALL.

The Prime Minister, Umrans.