To set up a relay antenna, Bouygues Telecom is forcing a town hall in Gironde to bend

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The Bordeaux administrative court ordered the mayor of Parempuyre (Gironde) to “re-examine” the request by December 2, 2024. installing a relay antenna Bouygues Telecom rue du Bois de Lartigue.

Mayor Béatrice de François had in fact opposite on August 3, 2022 to the “preliminary declaration” of work filed by Bouygues Telecom and Cellnex, its subcontractor: it feared that the antenna would “harm the character and interest of the place”.

A new instruction

The mobile telephone operator and its subcontractor then took legal action to force the mayor to “conduct a new investigation of their request” within a month, under “restriction of 300 euros per day “delay”: their project fits “harmoniously into the landscape” and does not provide for “any clearing” or “felling of trees”, contrary to what the mayor of the town maintained. No “risk to public health” was otherwise to be feared.

Béatrice de François considered that such a relay antenna “does not allow us to retain the characteristics rural and forest of the site”. However, “if the land (…) is bordered to the north by a classified wooded area and a walking path, the actual installation of the mobile telephone pylon is close to an area of ​​suburban housing without any particular characteristics”, objects the administrative court of Bordeaux in a judgment dated October 2, 2024 and which has just been made public.

A “limited impact” on local landscapes

The Local Urban Plan (PLU) of Parempuyre had, it is true, identified this plot as part of a “larger ensemble” identified as “an element of landscape “. However, it was “also classified” in an “area (…) to be urbanized”, noted the Bordeaux judges.

Moreover, the mayor had “granted a building permit for this space” to “two buildings d’habitation collective » : if it is executed, this will create “a built front” masking “the wooded space” and “attenuating (…) in the background the perception of the pylon”, also observe the Bordeaux judges.

The municipality also cited the proximity of the “Olive marshes”, a natural area “in the process of being ecological restoration”, but “the documents produced (…) are insufficient to establish, taking into account the distance and despite the height of the antenna, a possible impact on this particular area”.

No “tree felling”

This pylon, although of a “significant height”, will be “green in color” and “surrounded by tall trees”. It will also not require no “cut” or “felling of trees” and will ultimately fit “into the neighboring environment”, therefore causing only “limited harm to the landscape”.

Finally, “the commune does not justify that the plot had been illegally cleared”, considers the administrative court of Bordeaux: the report it produces only mentions “the presence of an irregular Algeco type building”, but not any “cutting of trees” nor of a “fence” installed “without authorization”.

The project is also not subject to no “risk of fire specific” since “the plot is largely passable by vehicles” and “the distance” to the nearest “standardized water point” is “less than 200 meters”.

Without waiting for the “re-examination” of the file, the municipality will therefore have to pay a “global sum” of 1 500 euros to Bouygues Telecom and its subcontractor for their legal costs.

CB (PressPepper)

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