MIL OSI Translation. Government of the Republic of France statements from French to English –
Source: Republic of France in French The French Republic has issued the following statement:
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No one may cause trouble to another that exceeds the normal neighborhood inconvenience. Only the judge can decide that this limit is exceeded. The Court of Cassation thus ruled in a judgment of September 25, 2020 that the installation of wind turbines near homes, even if it reduces their value does not in itself create an abnormal neighborhood disturbance justifying compensation for neighbors .
Following the installation of a wind farm, neighbors are seeking compensation for the loss of value of their property. According to them, the visual impact of wind turbines harms their immediate environment by creating a disturbance in the landscape which will have consequences when their property is resold.
The expert reports and the bailiff’s report state that the noise emitted by day and night by wind turbines is below the regulatory threshold. The wind farm is installed at the regulatory distance from homes. In addition, a wood separates them and provides visual and sound protection to the inhabitants. Finally, the elegant and peaceful hamlet is situated in an ordinary rural space.
The Court of Appeal emphasizes that no one has an acquired right to the conservation of his environment.
Taking into account the respective rights of each party, the judge compares the depreciation of the real estate value of neighboring properties, assessed by the expert, with the objective of public interest pursued by the development of wind energy. He decides that the disturbance brought to the environment by the presence of wind turbines does not, in its gravity, exceed the normal neighborhood inconvenience.
Seized, the Court of Cassation confirms this decision and rejects the appeal.
EDITOR’S NOTE: This article is a translation. Apologies should the grammar and / or sentence structure not be perfect.