We’ve got denounced right here on a number of events the availability of the Élan regulation, which permits a mayor to resolve on the demolition of buildings whose demolition is however prohibited by a exceptional heritage website regulation (former protected sectors and areas of heritage enhancement), or close to a historic monument, positioned underneath the management of a ” imminent peril », with out the Architect of the Buildings of France with the ability to oppose it. This unprecedented regression of the legal guidelines on the safety of heritage, which for the reason that nice regulation of 1913 had not ceased to be bolstered, thus permits the mayors, helped by understanding “consultants”, to permit the demolition of buildings theoretically protected by heritage code, with out anybody with the ability to forestall it, besides to categorise the constructing involved and perform emergency work. This was luckily the fact for the home in Sierck-les-Bains (see the articles).
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- 1. Homes on the apse of the church of Saint-Florentin
The medieval home on the left, the demolition of which is prohibited by the rules of the safeguarded sector, has been positioned in a state of imminent hazard by the city corridor which is its proprietor and which has determined to demolish it.
Photograph : Didier Rykner (1er mars 2022) - See the image in his page
However in lots of circumstances, the constructing that’s going to be destroyed doesn’t justify a classification. They’re usually modest however very previous architectures, that are a part of the city historical past of the town. These are previous homes, generally medieval, usually remodeled, however which have an genuine character that make up the soul of cities. We can’t conceive of heritage safety solely by safeguarding a very powerful monuments and destroying every part else. It’s certainly to oppose this destruction that the laws on the environment was designed, then on the safeguarded sectors and the safety zones of the architectural, city and panorama heritage (former title of the AVAP). That is what the Elan regulation, wished by Emmanuel Macron, destroyed, which thus unravels valuable laws which, when revered, made it doable to successfully shield heritage.
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- 2. Demolition order for the medieval home on the apse of the church of Saint-Florentin
Photograph : Didier Rykner (1er mars 2022) - See the image in his page
Critical even when utilized in accordance with its spirit, this Elan regulation turns into dramatic when sure elected officers intentionally resolve to make use of it to rework it right into a machine for destroying heritage. That is the case of mayors who’ve their municipality purchase theoretically protected buildings, which they need to demolish, and which they then let deteriorate, if obligatory by leaving the constructing open to all winds, till his situation permits an knowledgeable mandated by him to decree a ” imminent peril » which supplies him the potential of destroying this one with out the architect of the buildings of France with the ability to forestall it.
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- three. View of the home to be demolished, March 1, 2022
Photograph : Didier Rykner - See the image in his page
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- four. View of the home to be demolished, January 2011
Photograph : Google Streets - See the image in his page
Such a case may be noticed in Saint-Florentin in Yonne, the place the mayor Yves Delot desires to demolish a medieval home on the bedside of the city church, property of the city corridor. We couldn’t know when this one acquired it due to course we didn’t obtain any reply from the city corridor, however we are able to observe that this one is totally deserted and that its home windows are open, which couldn’t solely result in the speedy smash of the constructing. The upcoming hazard decree dates from January 10, 2022, however the constructing was nonetheless standing on March 1 once we went to Saint-Florentin. The comparability between the Google Road picture of January 2011 and the present state additionally casts doubt on the fact of the hazard of collapse of this constructing which, externally, doesn’t recommend any further dysfunction, apart from the home windows. damaged.
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- 5. Homes acquired in April 2021 by the municipality of Saint-Florentin, rue du Pont, with a purpose to be destroyed, though they don’t seem to be in a state of imminent hazard and the rules of the exceptional heritage website prohibit their demolition (besides software of the Elan regulation…)
Photograph : Didier Rykner (1er mars 2022) - See the image in his page
Having been unable to acquire data on the date of buy of the constructing by the city corridor, the latter may plead having acquired it very not too long ago when it was already on ” imminent peril “. Which is after all not plausible. The case of three different homes acquired by the city corridor for be demolished, though they don’t seem to be in imminent hazard and are protected by the exceptional heritage sector and, furthermore, in covisibility with the historic monument church, leaves little doubt concerning the system that the mayor has put in place.
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- 6. One of many homes acquired by the municipality in April 2021 to be destroyed
Photograph : Didier Rykner (1er mars 2022) - See the image in his page
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- 7. Covisibility of the three homes acquired by the municipality in April 2021 to be destroyed with the church
Photograph : Didier Rykner (1er mars 2022) - See the image in his page
In Republican Yonne of April 15, 2021, we are able to certainly read an article explaining how the town council had simply voted ” the acquisition of three plots of land, positioned within the Faubourg du Pont. The target is obvious: Homes can be demolished to enhance circulation “… However these homes being protected by the rules of the exceptional heritage website, solely an order of imminent hazard can enable them to be demolished. It’s due to this fact with full data of the details that the city corridor purchased them to allow them to collapse so as to have the ability to decree them harmful and to chop them down with a purpose to perform its mission ” enhance circulation ».
By evaluating the picture printed by Republican Yonne and those who we had been in a position to take, we discover that, since then, the city corridor has been cautious to not shut the home windows, which accelerates the decrepitude of the constructing. The target is certainly, as she doesn’t cover it, to demolish these buildings. We’ll recognize the irony of the journalist who explains that ” a regulation [de protection du patrimoine] strict applies “. Notice additionally that the homes usually are not solely protected by the proximity of the church, but in addition, as we indicated, by the rules of the exceptional heritage website.
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- eight. Home, rue du Pont, in imminent hazard
(however whose demolition doesn’t appear to be required for the second)
Photograph : Didier Rykner (1er mars 2022) - See the image in his page
Different protected buildings owned by people who failed to keep up them and left them in disrepair additionally seem like on borrowed time within the metropolis. Thus, not removed from the final three homes of which we’ve got spoken, 7 rue du Faubourg du Pont, slightly increased in the direction of the middle of the village, there’s one other constructing with a ” imminent hazard order relationship from Could 2018. It has been unimaginable for us to confirm whether or not the work required has been carried out since then or to know what’s going to occur to this small constructing.
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- 9. Heritage Home, Saint-Florentin, rue Jossier
Photograph : Didier Rykner - See the image in his page
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- 10. Home in imminent hazard process launched rue Jossier in Saint-Florentin
Photograph : Didier Rykner (1er mars 2022) - See the image in his page
Rue Jossier, on the nook of which is the “Maison du Patrimoine”, a lovely half-timbered home which doesn’t appear to be threatened, there are nonetheless one (or two, it’s not clear) different constructions additionally in good situation precarious on that are posted notices of ” launch of the upcoming hazard process on […] buildings “. These undated evaluations appear previous and nothing appears to have modified since. Listed below are two extra buildings for which, if they don’t belong to the city corridor, we are able to legitimately fear.
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- 11. View of previous homes not removed from the apse of the church (which is on the left, slightly behind us)
Photograph: Google Streets (January 2011) - See the image in his page
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- 12. Virtually the identical view as picture 11, March 1, 2022: the previous homes have disappeared…
Photograph : Didier Rykner - See the image in his page
Notice that just a few years in the past, previous homes positioned close to the church that may nonetheless be seen on Google Streets in 2011 had been demolished, in all probability earlier than the exceptional heritage website (on the time, it was an AVAP) was put in place. Vandalism in Saint-Florentin due to this fact appears to be a convention and the Elan regulation offers it an surprising instrument. At this fee, quickly solely the previous church will stay within the village. An impressive church wealthy in distinctive artistic endeavors, together with a uncommon Renaissance rood display screen, however in very poor situation. At the very least it advantages from a restoration deliberate over a number of years. At the very least that is it.
To conclude very provisionally on the unimaginable scandal represented by the Elan regulation, and on the crushing accountability of Emmanuel Macron within the destruction of French heritage, we check with the scandal at the moment going down in Foix, denounced by the affiliation Websites & Monuments in this articleand which has been the topic ofan article in The chained Duck : it’s once more a query of letting previous buildings collapse (and once more, the architect of the buildings of France questions the fact of those threats) and thus with the ability to destroy them without having any authorization. How lengthy will the Minister of Tradition stay like this with out reacting? It’s pressing to rethink this provision of the regulation which is in actuality solely a clean test left to vandals.
