Wind turbines, this is the news this week of our meeting It’s my business, the chronicle on your rights, in everyday life. Emmanuel Macron inaugurated the first offshore wind farm in Saint-Nazaire a few days ago. But what are your rights if a wind turbine project is set up near your home?
franceinfo: If I have a large piece of land, can I set up a wind turbine there?
Philippe Duport: Everything will depend on the PLU, the local urban plan, who will say if the establishment is possible, since it can prohibit wind turbines under certain conditions. But it is often possible, provided you respect a distance from neighboring buildings at least equal to half the height of the wind turbine. But afterwards, if we obtain the building permit, a very important element to check will be whether or not you are located in a ZDE, a wind development zone.
If so, it is very advantageous for you. This allows you to benefit from conditions for buying back the energy produced over 15 years. You will know in advance how much you will be paid. If your land is not in a ZDE, it’s more annoying, you’ll have to negotiate with EDF the purchase price of your energy.
And if now a project to install wind turbines is announced very close to your home, are there ways to oppose it?
There are then two possibilities, as explained by Benjamin Ingelaere, a lawyer specializing in these disputes. Either you contest the establishment itself, and you lodge an appeal for abuse of power, before the administrative court of appeal, which is the only court with jurisdiction for these disputes.
You have two months to file your request, and you will request the cancellation of the building permit, most often raising a procedural defect. Your chances of success are slim. The administrative court of appeal rejects this type of action in approximately 80% of cases. Wind turbine projects are generally mature.
Another possibility, to obtain an indemnity?
Yes, if the court validates the wind turbine installation project, that does not prevent you from asking for compensation. You must then go to the court.
What will it be based on?
The main way to get the most important repair is to show that the wind turbines are devaluing your property. But there are also noise pollution, and even the disturbance of sunlight. It will be important to be accompanied by a legal expert, for example registered with the Court of Cassation, to establish the value of the damages.