Decree No. 2013 - 1043 July 25, 2013

Original Language Title: Décret n° 2013-1043 du 25 juillet 2013

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Decree No. 2013 - 1043 July 25, 2013 Decree No. 2013-1043 25 July 2013 declaring public utility the new Pole of Diamniadio North motorway urban development pay-TV; Directing the development of a planning of details and prescribing 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 annual average population growth 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 Km² in Dakar and a minimum of 10 inhabitants per square kilometre in 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 urban planning and the promotion of social housing a priority for economic and social development.
Development of a pole of urban development to Diamniadio toll highway north to translate, in part, the strategic directions of the sector in the region of Dakar.

Indeed, Diamniadio was recognized as one of the main points of attachment of the demographic expansion of the Dakar metropolitan area. This state of affairs and its location geography (crossing of the main regional roads in the country point) helped choose Diamniadio, as new town to develop urgently, to control irregular occupations that have begun to develop.

The implementation of an urban development Pole in Northern Diamniadio toll motorway is the opportunity to realize in a coordinated way, important construction of housing and equipment programmes, this pole incorporates the International Francophonie Conference Centre and provides a living environment and a new centre of activities to relieve congestion of Center Dakar former.
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 No. 81 - 557 21 May 1981 concerning the application of the Code of the areas of the State;

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. 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;

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 the Habitat and the Minister delegate in charge of the Budget.

Decrees: Article 1. -Is declared public useful new Pole of development urban of Diamniadio North highway toll;

S. 2 - the toll the new Pole of urban of Diamniadio North highway development site covers an area of 1.644 acres included in a security perimeter defined by the following limits:-to the North by the conduct of the Lac de Guiers.
-to the South by the APROSI and the Commune of Bargny;
-to the East by the Commune of Diamniadio;
-to the West by the rural Comunity of Bambilor and the Commune of Bargny.

S. 3. - is ordered the development of the planning of details of the zone delimited 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 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