The court dismissed two local residents who demanded that they obstruct work to install the free mobile edifice. Incomprehensible to their lawyer, who mentions three elements related to it.
The decision of a judge of the Administrative Court of Nantes in a dispute over a free tower in Saint-Hilaire-de-Riez, in the province of Vendée, was made last weekend.
It is indisputable that the municipal ordinance authorizing the operation of a 25-meter device on avenue de l’Isle de Reyes, near the bowling alley, accommodating the operator’s 3G, 4G and 5G antennas is indisputable.
Incomprehensible to Me Geoffroy de Baynast, the lawyer of two locals who decide to take the administrative road to stop the wagon. “There were three elements that seemed appropriate to me for the suspension of work”, he explains.
“First of all, the permission to occupy the public domain provided by Town Hall is not in the file for Free’s pre-work because this authorization was granted after April 2, the filing date”Geoffroy de Baynast, details about me. This aspect was voted on on April 12th. An appeal is still pending on this point.
The city council had refused to install the antenna around the station in October 2020 on the grounds that it had disturbed it in a future development project, but the antenna was only a few tens of meters away, and remained in the same circumference. What was valid in October 2020 is still valid in April 2021‘, the lawyer considered.
Me Geoffroy de Baynast finally indicates the proximity of the school. The branch is located near the music school. However, there is a decree stating that exposure to waves should be as low as possible near schools”, confirms. And to add: “But I imagine the judge must feel that the public interest in having 5G there prevails.”.
Source : Mavel
