Decree No. 2013 - 1040 July 25, 2013

Original Language Title: Décret n° 2013-1040 du 25 juillet 2013

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Decree No. 2013 - 1040 July 25, 2013 Decree No. 2013-1040 July 25, 2013, declaring public utility of the new Poles of urban Diacksao - Bambilor (Noflaye) development; Directing the development of the Urban Development Plans of details and prescribing the safeguard measures;

REPORT of PRESENTATION the Senegal knows, in recent 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 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.

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 achievement of the pole of urban development in Diacksao - Bambilor (Noflaye) to answer, in part, to this strong demand for housing in the region of Dakar.

Therefore, the implementation of the urban development in Diacksao - Bambilor (Noflaye) cluster will increase access to social housing and create new centres of activity in the Dakar metropolitan area.
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 of 2 July 1976 on 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 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;

Mindful of Decree No. 81-557 21 May 1981 concerning transfers of competences to municipalities and rural communities;

Mindful of Decree No. 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 - 161, 25 January 2013 on the powers of the Minister of town planning and Habitat;

Having regard to Decree 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 of the project of new urban development Pole of Diacksao - Bambilor (Noflaye) located in the Department of Rufisque Dakar Region, s. 2 - the site of the new Pole of urban development of Diacksao - Bambilor (Noflaye) covers an area of 600 hectares and is bounded as well:-to the North by the line of railway the Dakar PDU-protected by 2025;
-to the East through 50 meters of the Dakar PDU linking Sébikotane at Lac Rose.
-to the East through 50 meters of the Dakar PDU linking Sébikotane at Lac Rose.
-to the South by the agricultural area of SAFINA.
-to the West by the North-South Railway project section.

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 the amended Act 2008-43 of August 20, 2008, the following safeguard measures shall apply in the localities cited article 2;

-submission to permit 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 those of the present s. decret.art 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 is in Dakar, July 25, 2013, by the President of the Republic : Macky SALL.

The Prime Minister, Umrans.