Décision judiciaire de Conseil d'État, 28 janvier 2021
Date de Résolution | 28 janvier 2021 |
Juridiction | XIII |
Nature | Arrêt |
L'urgence s'apprécie au regard des intérêts invoqués par la partie requérante dans la demande de suspension. Il résulte en effet de l'article 8, alinéa 1er, 4°, de l'arrêté royal du 5 décembre 1991 précité, qui requiert que la demande de suspension contienne " un exposé des faits qui, selon le requérant, justifient l'urgence de la suspension \
La condition de l'urgence est indépendante de l'examen des moyens et nécessite la démonstration que leurs conséquences dommageables doivent être suspendues.
L'un des buts du permis d'urbanisation* est de procurer aux acheteurs des lots une plus grande protection juridique, en déterminant notamment les conditions d'octroi des permis d'urbanisme dans les limites du lotissement. Ainsi, si le permis d'urbanisation fixe un cadre juridique en vue des demandes ultérieures de permis d'urbanisme, il ne permet, en soi, la réalisation d'aucun acte ni travaux.
Les inconvénients dont la gravité est alléguée ne découlent pas, à les supposer...
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