Per recipe from the 30 April 2024 judge references tribunal administrative from Nantes suspended the execution of the ordert of the mayor of Saint-Paul-du-Bois (Maine-et-Loire) dated dated December 5, 2023. This had refusal construction permit fiftye poultry shelters open with photovoltaic roofs 60,000 laying hens are being raised outdoors on an area of 21 hectares. AND lifting feat since 2017 and that falls under the law on classified installations (ICPE).
The mayor refused the permit becausein First place, disrespect there distance rule provided for in article L.111-3 of the rural law (1) insofar as the placement of certain shelters is planned less than 100 meters from buildings where third parties usually live. He based his refusal on other place, on lack of knowledge of Article R.111-14 of the Urban Law (2) insofar as they are not found to be shelters were necessary for agricultural operations and compatible with agricultural activity.
The applicants, the designer of photovoltaic systems and the manager of the livestock farm, believes that the mayor made a mistake in applying the law and estimation error basing his refusal these two articles. The fact that it isare disputed shelters are also fate havè productioncurrent́ it is not likely to deprive them of the character of the installation necessary for agricultural exploitation AND these ifadvent necessary harmonize operations with regulatory standards and improve the living conditions of animals, petitioners specifically argued. The temporary judge agrees with them, considering that these arguments could cause serious doubts about the legality of the verdict.
IL judgeand the other the condition for the suspension of the administrative act, binding urgency, is alsot satisfied, refusal of permission is harmful in a sufficiently serious and immediate way both to interest economical from programmer phautovoltage but the grower. The reason for the refusal, related to the lack of need for a project for agricultural activity, was the effect of preventing the development of the activities of the applicant’s company, combining agroforestry and photovoltaic energy, and harming the realization of his business model, based on this innovative concept for which he employed more than twenty employees, including seven in the Pays de la Loire region relsee the judge. As for the breeder, rejection license it has an effect interfere with compliance cultivation and exposes the exploitation of poultry losses due to mortality from heat stress and attack by aerial predators .
It remains for the court in Nantes to decide on the merits of the dispute. The question is whether photovoltaic roofs must or not to be regarded as needed activity agricultural will be on heart judgments.
Article published on May 23, 2024