In Vendée, this rural family home is worried about the “health consequences” of the antennas for its students

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The rural family home (MFR) of La Ferrière (Vendée) asked the administrative court of Nantes, Thursday November 21, 2024, to cancel the authorization which had been delivered to Orange in February 2021 by the mayor to establish a station of three relay antennas in the Borderie sector.

The Training Institute for Trades and Trades (IFACOM) – specialized in work-study training for salespeople – in fact criticizes the mayor (various right) David Bély for having authorized the mobile telephone operator to bring this project to fruition near a Charolais cow farm.

It will also be located “130 meters” from its parking lot, and the establishment is therefore concerned about the “health risks” that these relay antennas will pose to the “400 students” it welcomes.

The public rapporteur, whose opinions are often followed by judges, began by saying that she had “some questions” about the legitimacy of a training establishment to attack this type of planning authorization, because this scenario is “uncommon” in administrative courts.

In this case the MFR presents itself as an “immediate neighbor” of the relay antennas, a situation therefore “fairly comparable” from its point of view to that of local residents who usually attack this type of project.

She is in any case “owner of a real estate complex” in Plessis-Bergeret located “around 220 meters” from the disputed station.

“Several water points” provided in the event of fire

On the merits, the Nantes magistrate, on the other hand, rejected all the arguments of the Rural Family House: there is no “misunderstanding” of the provisions of the La Ferrière Local Urban Plan concerning the “agricultural zones” of the municipality and service to the relay antenna station by fire trucks is compliant with regulations.

Emergency vehicles can in fact access the plot via departmental road 101 and “several water points” are available as part of “fire fighting”.

Etang du Plessis is “330 meters away”, she added, and “two others” are located “nearby”. The fact that the first is included in a “natural setting designed for walking” does not change anything in its assessment since “this triangular pylon does not appear not harm the natural character places”. It therefore concluded that the MFR's request should be rejected.

The training organization's lawyer, for her part, “let the court assess” the relevance of her arguments “on the merits” and “referred to her pleadings” for the rest of the formal questions. She asks €3,000 to the municipality for costs of justice of the IFACOM.

The lawyer for La Ferrière town hall, Me Laure Gobé, for her part “insisted” on her own request for legal costs: the community finds itself “assuming the financial consequences of this manifestly unfounded appeal” because “none” of the arguments raised by IFACOM does not seem “very serious”.

The assessment made by the public rapporteur on the “interest in acting” of the MFR even seems “rather lenient” to her. “I don’t really see how a legal entity could be impacted by the visual impact” of a relay antenna, she explained to the three judges. The administrative court of Nantes, which placed its judgment under deliberationwill render its decision “within three weeks”.

GF (PressPepper)

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