The administrative court annulled at the end of October the orders of the prefect of Var regulating the overflight of the Gulf of Saint-Tropez by helicopters and condemned the State for "
its failure to enforce the law
", giving reason to local residents' associations. Since 2009, the increase in helicopter traffic serving a wealthy clientele adept at high-end tourism has prompted the mobilization of local residents' associations against noise pollution. Three of them, the Association for the Defense of Residents of the Gulf of Saint-Tropez, Halte Hélico and the Association for the Safeguarding of the Gassin Site had taken legal action against prefectural decrees regulating the movements of helicopters in the municipalities. from Ramatuelle, Saint-Tropez, Grimaud and Cogolin.
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The complainants also contested the fixing by the prefecture of a list of so-called "
responsible
" helipads, private land capable of accommodating helicopters within the limit of 20 movements per day and 200 per year, knowing that a take-off and a landing count as two movements.
In a judgment dated October 28 that AFP was able to consult, the Toulon administrative court ruled in favor of the associations, considering in particular that the prefect exceeded his powers by taking measures which led to an explosion of thefts.
It also considers, on the contrary, that it has not played its role of regulator against noise pollution.
"Immediate proximity"
The court therefore considered that the State had committed a "
fault (...) in its failure to enforce the law
", while its services had been alerted to "
noise pollution and dangers linked to the incessant overflight of helicopters using helipads + responsible +
”. For the court, "
the prefect did not hold, by virtue of his police power, the competence to regulate these helipads in a way other than by prohibition
". It was therefore "
incompetent to regulate helipads by creating a category of so-called" responsible "helipads.
», Which are neither provided for by the Civil Aviation Code, nor by the order of 6 May 1995 relating to aerodromes and other sites used by helicopters.
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The court also pinpoints the representative of the State for having granted new authorizations for helicopter movements to helipads that have already reached their quotas or to helipads "
located in the immediate vicinity
".
The judgment gives the example of two helipads having totaled 1329 annual movements each, far from the 200 authorized.
“
For us, it's a very big victory.
This is the first time that the State has been condemned in this case,
"said Jean-Claude Molho, of the Halte Hélico association, for whom"
nothing has been resolved for next season
".
Contacted by AFP, the prefecture had not yet reacted on Friday evening.
