To the fight of iron against the clay pot pot, this is the second who, this time, won. A couple of residents of the Calais comes to defeat a goliath of wind energy which had planted its giant around his property in the 18th century, the Château de Flers, class monument history., belonging to the group, has been sentenced at first instance by the TGI de Montpellier to demolish 10 of its within a period of four months, after which a fine of "500 euros per day of delay and wind" will be required. The company must also compensate 37,500 euros to the couple for the injury since June 2007, the date of commissioning of the Park on two neighbouring sites of the property and Conchy-sur-Canche Boubers-sur-Calooy. The husband, who had purchased their property in 1993, had multiplied the remedies without success.
' This decision is very important because it shows to all those people who support the turbines with a sense of helplessness that the fight is not vain, even when dealing with large groups or to the authorities issuing the building permit, that the remedy is open to everyone, that it has the right to live in peace, we can do otherwise that suffer.reacts Me Philippe Bodereau, counsel for the plaintiffs. And without distinction as to the value of the property, according to the judgment of the simple House Castle. Indeed, the heritage and historic character has not accounted for the Court which adopted "criteria of nuisance" more tangible: a disfigurement "degradation of the resulting environment of total distortion of a bucolic and rural landscape", says the judgment, auditory damage "due to the hum and hiss of wind turbines", and finally a prejudice to impair the view 'due to flashes red or white flashes every two seconds.day and night. For the tribunal, "the character quite unusual, permanent and quickly unbearable creates damage exceeding the normal incommodities of neighbourhood, constituting a violation of the right of ownership"Multiply disputes
this Court ruling is rare. Not so much for its argument, for residents, by the fact that these disputes almost never arrive before the courts. "These trials are marginal compared to wind farms in France, commented Mr. Gilles Gassenbach, counsel for the company's wind. '' Because in order to install such sites, a large work upstream, with impact studies, is made in consultation with the authorities and the inhabitants'.
However, it is known, multiply disputes in recent years with residents who are more and more groups of citizens, trained headwind against these "wind cemeteries", "genuine landscaped rampages", decry associations. Lawyers accustomed to these folders provide the answer: "these conflicts most often resolves by amicable agreement", says one of them. In other words, "compensation", said of experience Me Gassenbach. "I know no example in France where a demolition was orderly and effective", he said, recalling that this is a judgement of first instance and that the wind company appealed.
In 2010, the same company had already been ordered to demolish four wind turbines near Narbonne, "under penalty of 1000 euros per day of delay and wind past the period of one month", after the use in Court of four farm owners, and to pay them compensation of 430,000 euros. The appeal of the conviction had been lodged but an amicable agreement had finally put an end to the proceedings.
"Our projects contribute to the public interest, as required by the Grenelle of the environment, and not to the special interests," says the wind company president Thierry Conil. But it is the essence of democracy to allow appeals. Two demolition sites represent an investment of EUR 20,04 million and produce a total of 38 million kilowatt hours per year, with consumption of 22,000 people. Like other operators, the company of GDF-Suez has double its production by 2018 and, in doing so, doubling its wind, which today counts 21 sites. «Collect the litigation», promising the anti-wind.