France. Among the latest projects which caused a lot of noise: that of building three wind turbines in Porspoder (Finistère) near several menhirs classified as historic monuments, one of which is only 540 m away from the Kergadiou menhirs (see ill. ). A project validated by the prefect, but against which local residents and two associations have filed an appeal. Last October, the Nantes Court of Appeal agreed with them, finding that the 120 meter high wind turbines would have visually damaged the preserved landscape of Aber-Ildut and “disturbed the scale relationship of these menhirs”.
What about the law? Under common law, it is prohibited to install a wind turbine less than 500 m from a home. For uninhabited heritage properties, if they are registered or classified as historic monuments, they automatically benefit from a protection perimeter of 500 meters in radius, which requires obtaining the prior agreement of the architects of Bâtiments de France (ABF) to intervene in this area (install a wind turbine, install a photovoltaic panel, etc.). “When this measure was introduced in 1943, there was nothing comparable to wind turbines in terms of height and ease of installation, underlines Julien Lacaze, the president of Sites & Monuments. The issues have evolved since then, we need to keep up with current tastes. » But despite several attempts to extend this perimeter, the ABF’s assent remains non-obligatory beyond this zone.
“Danger” for heritage
To set up a wind farm, only one authorization is necessary: that issued by the prefect, who judges whether the project complies with article L511-1 of the environmental code. The latter prohibits installations that “may present dangers or disadvantages either for the protection (…) landscapes(…) either for the conservation of sites and monuments as well as elements of archaeological heritage”. But when do we consider a wind farm dangerous for heritage? Several factors can be taken into account: the importance of the monument or site concerned, whether it is protected or not, its immediate, indirect visual link or co-visibility with the wind turbines, etc. “This assessment of impacts is delicate. It’s mostly on a case by case basis. believes Me Francis Monamy, lawyer specializing in town planning and environmental law. When there is litigation, these cases are very dependent on the sensitivity of the magistrates. » This subjectivity is all the more evident in the case of specific disputes. In 2023, the Council of State refused to issue authorization for a wind turbine project near Illiers-Combray (Eure-et-Loir), whose bucolic landscapes were described at length by Marcel Proust. A decision justified on behalf of “historical, memorial, cultural and particularly literary dimensions of the landscape”. Exceptionally, the notion of landscape has also been thought of in its intangible dimension, given its literary importance.
This argument is also invoked by the defenders of Val Lamartinien (Saône-et-Loire) in their petition against the installation, within five years, of five wind turbines on the mountain which separates the childhood home of the poet Alphonse from Lamartine and his personal residence, the listed Château de Saint-Point. “It’s an insane project given the configuration of the premisesprotests Étienne de Baecque, owner of the Saint-Point castle. Not to mention the ecological impact of these wind turbines, which would be located in the heart of a forest, on the direct edge of a “Natura 2000” labeled area. »At this stage, the project has not yet been validated by the prefect, but the municipality has authorized the launch of an impact study over a period of one year. “The problem with these studies is that they are managed and financed by wind operators, warns Étienne de Baecque. They are therefore biased, with certain impacts that can be minimized. »
Launch mobilization work very early on
“The wind conflict is by far the one that our association is most confronted with, indicates Julien Lacaze. We have at least a hundred litigation cases. » Among them, many wind projects are directly refused, especially when the heritage damage is obvious. “It is, however, quite rare to win a case in court,” points out Me Francis Monamy. For heritage defenders, everything is at stake above all before the prefectural decision. “We must try to nip the project in the bud, launch mobilization work well in advance, explains Julien Lacaze. Ensure that the municipal council opposes the project because it greatly influences the choice of the prefect. » And to add: “This is all the more important as wind projects are now being considered in previously unthinkable areas. » This is evidenced by the recent controversy surrounding the project to install four wind turbines fifteen kilometers from the Château d’Amboise (Indre-et-Loire). According to the prefect, the low visual impact of these wind turbines would not distort the landscape of the Loire Valley, included on the UNESCO World Heritage List. An opinion contested by several associations and municipalities who filed an appeal, arguing that given the exceptional nature of the site, it should be prohibited to see the slightest wind farm there, even from very far away.
