It is the end of more than ten years of proceedings.
In Brittany, an association of residents opposed to the installation of three wind turbines in the town of Guern (Morbihan) won the case.
On December 30, 2021, the Council of State ruled: the installation and use of these wind turbines since 2008 are illegal.
These installations, which are still in operation, must be dismantled by the operator.
However, no date has been set.
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In 2005, a German company obtained a building permit for this 140-meter-high wind farm and installed it three years later. But it was canceled in February 2009 by the administrative court of Rennes, at the request of the Association against the Guern wind project (ACPEG).
Contacted by
Le Figaro
, its president Jean-Jacques Pechard, affirms that these wind turbines have no place in a "
protected
" area.
Installed near homes, these three wind turbines constitute "
noise pollution
" and "
distort the landscape
".
They also present “
a risk of destruction from the projection of broken blades, in the event of strong winds.
Finally, two out of three wind turbines do not respect the minimum legal spacing set at 500 meters from the houses.
To read also "Installation of wind turbines against the will of the municipalities: why it is an injustice"
In 2010, the judgment was confirmed by the Nantes administrative court of appeal.
"
The site where the wind turbines are installed, which is crossed by the Sarre river, constitutes an ecosystem of great ecological value, characteristic of wetlands
", justifies the Nantes court.
In 2012, the Council of State validated this judgment.
However, the wind turbines continue to turn.
A long legal battle
The wind turbine operator has multiplied all possible legal remedies for several years, in order to maintain his park at all costs.
Me Sébastien Collet, lawyer for the local residents' association, confirms to
Le Figaro
that “
the wind farm promoter has tried by all means to delay the shutdown of its activity by complicating the file.
"
On December 17, 2012, the company files a new permit application in order to regularize its installation.
This was rejected on November 28, 2013. The company then contested this decree before the administrative courts, but they all rejected its request (Administrative Tribunal, December 23, 2016, Nantes Administrative Court of Appeal, January 11, 2019, Conseil d ' Status, December 18, 2019).
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By a decree of April 15, 2020, due to the absence of a building permit regularly obtained, the Prefect of Morbihan gave notice to the company.
One year later, on May 21, the prefect summons the operator to pay a fine of € 1,000 per day of delay in view of the “
characterized non-compliance
” with their initial formal notice.
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