Morbihan: Declared illegal, the Guern wind farm will have to be dismantled

The residents of the Guern wind farm ( Morbihan ) have just won their case. The prefect ordered the dismantling of the three wind turbines of the park, declared illegal by the courts but still in operation, we learned on Monday from the prefecture. “Following the recent decision of the Council of State rejecting the summary appeal, the prefect decided, on January 6 2022, to sign an order to remove the park, ”said the Morbihan prefecture. The Guern wind farm was commissioned in 2008 by the company SNC Guern wind farm after a building permit issued in 2005.

“Its location was contested from the outset by residents due to its proximity to homes and its impact on the natural environment, ”said their lawyer, Me Sébastien Collet. “It is a great satisfaction for residents to see that court decisions are finally respected,” he said. “As the duration of a wind farm is fifteen to twenty years, the multiplication of procedures has made it possible to operate the park for ten years and to make a profit to the detriment of local residents”, he nevertheless regretted.

A long legal battle

In 2009, the residents had obtained in court the cancellation of the building permit, decision confirmed in cassation in 2012 “for reason for public safety due to a risk of two blades projecting onto two homes, ”the prefecture specifies. In 2013, the prefect refused the operator’s request for regularization, the new rules for siting wind turbines imposing a minimum distance of 500 m in relation to the dwellings. “It was not until December 2019 that the Council of State confirmed the illegality of the administrative situation of the Guern wind farm”, continues the prefecture. .

In April 2020, the prefect then gave notice to the operator to regularize his situation, which implied a cessation of activity or the purchase of houses located within the scope of 30 m. The operator, who contested the decree and continued his activity, was imposed a penalty of 1. 000 euros per day late in May 2021. On 30 December 2021, the Council of State finally judged his summary appeal is not admissible.

A decision on the merits concerning the challenge to the administrative sanctions is awaited in 2022, but the prefecture considers that “the litigation concerning the operation of the park has been exhausted since the end 2019 and has concluded that it is irregular”.