The inhabitants of La Barben (Bouches-du-Rhône), who had requested the suspension of the activities of the Provençal theme park Rocher Mistral, around the village castle, due in particular to noise pollution, were dismissed Tuesday by the court of Aix-en-Provence, announced their lawyer.
“The decision which has just been rendered is a legal scandal. After the state apparatus, complacent and accomplice, it is the justice which endorses and covers illegal acts ”
, took offense Me Jean-Marc Descoubès, lawyer of the applicants.
Read alsoRocher Mistral: residents are suing the Provencal theme park
The Rocher Mistral park
“welcomed”
this decision.
"This judgment shows once again that the organized attacks by opponents of Rocher Mistral are illegitimate and amount to harassment against employees and visitors,"
he wrote in a press release.
Lashing out at noise pollution and the
"massive"
traffic
of vehicles, residents of La Barben attacked SAS Rocher Mistral, which operates the castle, in summary proceedings to demand the suspension of musical activities in the park, as well as the use of the car park. and finally the exploitation of the adjoining vegetable garden.
In their summons, the applicants criticized the entrepreneur Vianney d'Alençon, who had bought the Château de la Barben on December 30, 2019, for having carried out development work for a year
"without authorization"
and without
"studies of 'impact'
.
In its order, consulted by AFP, the court notes
"that testimonies have been produced which indicate an unbearable sound environment, around 75 decibels: but these statements could not be checked by a measuring device to be added to the file and it is therefore not possible to objectify this situation with regard to the documents produced
”.
Moreover, concerning the work in the vegetable garden transformed into a market for Provençal products, the court noted that
"failure to comply with certain town planning rules is not sufficient to constitute a manifestly unlawful disturbance
".
Finally concerning the development of the car park, a bailiff's report dated February 23, 2021 notes a development
"with wooden props installed against the low wall and vehicles parked on the grass
": but this observation
"does not establish a clearly unlawful disorder, ”
the court continued.
"I encourage anyone who wants to build without a permit, without worry, it's legal,"
commented Mr. Descoubès, who reserves the right to appeal.
Asked by AFP, the prefecture had confirmed that
"work carried out without authorization"
had been the subject of checks accompanied by reports of findings of violations.
It also qualified as
“very incomplete”
the impact study provided by Rocher Mistral and issued an unfavorable opinion for the development permit.
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