In Sanary, the captaincy project transformed into a Quai Wilson restaurant pinned down by justice

It was to be the icing on the cake of the major development operation which saw the Esménard and Wilson quays, on the port of Sanary, transformed into a pleasant and popular place for strolling. There, just after the fire of the Baux site, in the building of the old captaincy, the city wants a restaurant.

It has even already carried out work there and, above all, two terraces have been built, ready to accommodate the cutlery. It only remained for the town hall to choose, very soon, the restaurateur who, by delegation of public service, should manage the establishment, for an opening expected in September.

“A proximity such that we could do without the dishes!”

But a judgment, which fell on May 10, could thwart this plan. The owners of the house next to the building have obtained from the administrative court that it cancels the building permit by which the city of Sanary issued the authorization to change the destination of the harbor master’s office, to make it a restaurant.

“The two terraces completely adjoin my clients’ homes”justifies their lawyer, Marion Taupenas, who is pleased that “The judge followed us on all points. In this sense, this destination contravenes the local urban plan, necessarily creating olfactory, sound and visual nuisances for my customers. The proximity of the terraces to their homes is such that we could do without the dishes, concretely!”

Insufficient parking?

Another argument suitable for canceling this license is, she continues, “the lack of sufficient parking for customers near the restaurant, which the city should have provided”. The lawyer notes, finally and above all, that “the court considers that the situation cannot be regularized, unless the restaurant is closed and does not have a terrace, which would no longer be of great interest”.

Let the city call (read elsewhere) don’t worry about it: “We will do everything so that the restaurant does not open this summer, or later”advances Me Taupenas: “And if the call for tenders to appoint the delegate goes to the end, we will challenge this award, in the name of the principle of freedom of trade and industry: a public person (here the city) cannot intervene in the economic sphere, unless there is a lack of private initiative, which is not the case.”

Other ongoing civil proceedings

And the firm would have another string to its bow: “This harbor master’s office was burdened with a height easement. My partner, Jacqueline Marolleau, went before the civil judge, in summary proceedings and on the merits. And in summary proceedings, she requested the appointment of an expert to demonstrate that there was a violation of the easement. But the judgment of this judicial component will certainly not intervene before a year.

Whatever, Me Taupenas is also confident that the occupants of the villa are relieved: “Our objective is to obtain the restoration and, therefore, the demolition of the terraces.”

The town hall obviously does not hear it that way. It is still necessary that a restorer dares to venture on this visibly mined ground, as long as all the procedures are not finished…

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