The administrative court of Rennes has ordered the mayor of Locquirec to accept the “modest” 25-metre high relay antenna that Orange wants to install in the Parc Treis impasse, near the municipal cemetery.
A triple error of law
Gwénolé Guyomarc’h, in fact, committed a triple error of law by opposing on March 20, 2021 this pylon “which must take on the appearance of the neighboring electricity poles”, judges the court: this lawyer by profession had considered that the improvement of the service invoked by the mobile telephone operator was “an unjustified and diverted argument” since the project “had as its sole purpose the economic and commercial interests” of Orange.
This relay antenna “also risks disrupting the quality of terrestrial broadcasts and receptions” and therefore “causing disproportionate inconvenience for the population”, thought the mayor of Locquirec. It was finally going to “harm” the environment, since it is planned “in an urbanized area and to be urbanized of suburban type” where the constructions do not exceed 9 m high, and that it will be “in direct proximity to the shore and visible from the sea.
It is not established whether the antenna will be visible from the shore
But its first argument “is not among those that could justify a refusal of planning permission”, begins by dismissing the administrative court of Rennes in a judgment dated May 13, 2024 which has just been made public. “Moreover, the municipality does not establish, by this simple reason which is not accompanied by any precision, the satisfactory nature of the coverage of the sector (…) by mobile telephone networks.”
The elected official also made use of police powers which he did not have, citing the inconvenience that this could cause to terrestrial broadcasts and receptions since they are the responsibility of the State.
“The project (…) consists of the installation of a pylon (…) of modest width, the court concluded. It must be built on urbanized land surrounded by the cemetery (…), buildings (…) and a field. The pylon will exceed the height (…) of the buildings, however it has not been established that it will be visible from the shore (…) given the steep slope of the territory (…) and the wooded nature of the shore (…) likely to obscure the view.” The town hall will therefore have to pay €1,500 to Orange for its legal fees.
