Decree No. 2013 - 1039 July 25, 2013

Original Language Title: Décret n° 2013-1039 du 25 juillet 2013

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Decree No. 2013 - 1039 July 25, 2013 Decree No. 2013-1039 25 July 2013 reporting utility public the new pole of Deny Biram Nair urban development; order the development of a planning of details and prescribing the safeguard measures;

PRESENTATION report Senegal knows, for a few decades, a high urbanization. Indeed, the urbanization rate increased successively from 23% in 1960 to 43.16% in 2011 according to the national agency of statistics and demographics (ANSD).

The average annual increase of the urban population rate ranged from 3.9% between 1976 and 1988 to 3.5% between 1988 and 2002. With an average density of 50 inhabitants per square kilometre in 2002, the spatial distribution of the population cache disparities between local communities with a maximum of 3964 inhabitants per square kilometre in Dakar and a minimum of 10 habitats km² to Tambacounda.

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 bulk of the economic activities of the country.

Development of cities and the production of housing have become major problems in Senegal due to imbalances between urbanization, the development of the land and between supply and demand for housing. 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 the urban planning and the promotion of social housing one of its priorities in economic and social development.

The development of an urban development to Deny Biram Nair pole to translate, in part, the strategic sector in the region of Dakar.
Indeed Deny Biram Nair has been recognised as one of the main points of attachment of the demographic expansion of the Dakar metropolitan area. Deny Biram Nair is to develop urgently, to control irregular occupations that have begun to develop.

The implementation of an urban development cluster to Deny Biram Nair is the opportunity to realize in a coordinated way, important programs of construction of housing and facilities, and provides a framework of life and a new activity center to relieve the congestion of the old centre of Dakar.

Such is the economy of this Decree.

The President of the Republic, pursuant to the Constitution;

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

Pursuant to law No. 1976 - 66 June 2, 1976 on Code in the domain of the State;

Seen Act 76-67 June 2, 1976 the expropriation for public utility and other financial operations of public utility;

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

Pursuant to law n ° 81-557 21 May 1981 concerning the application of the Code of the areas of the State.

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

Mindful of Decree No. 64 - 573 of 30 July 1964 laying down conditions for the application of the law 64-46 on the national domain;

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

Considering Decree No. 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 new Pole of development Urbain de Deny Biram Nair;

S. 2 - the new Pole of urban Deny Biram Nair development site covers an area of 1.721 acres included in a security perimeter bounded by the limits here after:-to the North by the Filao band;
-to the South by the road to Bayaakh;
-to the East by the limit of the Dakar region.
-to the West by the axis protruding from the village of Gorome 2 to Lac Rose.

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

S. 4. - pursuant to the provisions of article 10 of the amended Act 2008-43 of August 20, 2008, the following safeguard measures shall apply in the localities cited 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. - the Minister of the Interior, the Minister of economy and finance, the Minister of planning of the territory and local communities, the Minister of town planning and Habitat, are loaded 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.