– Trees reduce the efficiency of solar panels
An owner wanted to have 15 trees cut down from the neighboring plot which shade her installation. The Cantonal Court ruled him wrong.
Published today at 09:00
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BotTalk
The protection of tree heritage takes precedence over the production of renewable energy for a single residence, which also includes an outdoor swimming pool. An owner from Échallens learned this the hard way. She wanted to obtain authorization to cut down around fifteen trees planted on her neighbors’ plot, at the edge of her property, because they reduce the efficiency of the photovoltaic panels installed on her roof. The Cantonal Court refused it, confirming the Municipality’s decision.
The Appellant estimates the loss of energy efficiency generated by the trees at 12% over the entire installation and at 20% when calculating it on the lowest facade only. She also cited security reasons, in particular the falling of branches on her plot.
The Municipality considers that these reasons for felling or pruning trees (beech or ash trees, all protected) are not sufficient. With the exception of two ash trees in poor condition, the health status of the other trees is good. The Executive further notes that this wooded cordon already appeared on the old municipal tree classification plan. And he is therefore over 50 years old. In the eyes of the Executive, these trees also have an aesthetic and biological value: this wooded strip serves as a refuge for small wildlife.
Leisure use
In the eyes of the Cantonal Court, it does not appear necessary to concretely establish the Appellant’s actual needs in terms of energy. Above all, it should be remembered that his house was built in 1998, while the trees at the heart of the dispute are around fifty years old. She could not ignore their possible impact on her future solar installation.
The judges put the owner’s partial loss of sunlight into perspective. They consider that the protection of this wooded heritage is paramount, emphasizing that “the drop in energy efficiency alleged by the Appellant must be put into perspective in view of the leisure use for which the solar panels are used in particular”.
The Cantonal Court further notes that the falls of branches and leaves on the roof, gutters, swimming pool and terrace are the consequence of the ordinary physiological activity of a tree: “The necessary collection of fruits, flowers, leaves and twigs is not considered serious harm. These are normal nuisances which the owners of the property concerned should expect.”
Claude Beda is a journalist for the 24-hour Vaudois section. Passionate about social issues and the lives of people here, he covered several regions of the canton, before joining the Lausanne editorial staff. More info
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