A farmer was ordered to pay 120,000 euros in damages to local residents who complained about olfactory and noise pollution from his farm.
About 150 people – farmers, elected officials or residents – met on Friday in Saint-Aubin-en-Bray (Oise), at the initiative of the FNSEA (National Federation of Farmers’ Unions). They came to support Vincent Verschuere, a breeder from Saint-Aubin-en-Bray in the Oise department sentenced on March 8 by the Amiens Court of Appeal, to pay €120,000 in damages to local residents who complain noise and odor nuisance. The latter criticize the farmer for having set up his farm too close to homes, compared to what European standards require. An exception allowed by a derogation from the prefecture. In his fight, the man has received the support of many farmers and unions who are worried that this decision will set a precedent.
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The story begins in 2010. To comply with new European standards, Vincent Verschuere had to build a barn of almost 3000 m2 to accommodate his cows. Legally, such a farm must be located more than 100 meters from the first dwellings. Unable to find suitable land that meets this condition, he obtains an exemption from the prefecture and a building permit from the town hall to enlarge his building, which is located about forty meters from certain dwellings.
An unacceptable situation for the occupants who complain about noise and olfactory nuisances and who take the breeder to court for “abnormal neighborhood disturbances“. After a first victory in 2018 before the court of Beauvais, the decision was confirmed on appeal by the court of Amiens, Tuesday March 8. “If the installation (of the agricultural building editor’s note) pre-exists the arrival of local residents, and if there is compliance with the rules, the court normally does not sanction“, explains master Gaëlle Alexandre, lawyer in rural law at the Ottaviani firm. “But in this case there have been modifications to the operation, so the anteriority argument does not seem to work“.
Misunderstanding and worry
A slap for the young farmer: “I’m upset, it’s a great feeling of injustice“, he reacted to the announcement of the decision, fearing for the survival of his farm. But also a major risk for the FNSEA, the first French agricultural union, which fears that the decision will set a precedent. “In the Oise alone, 40% to 50% of farms would be affected » by this question of distance between homes and farms, warns Luc Smessaert, vice-president of the FNSEA and breeder of dairy cows in the region.
A justified fear according to Maître Gaëlle Alexandre: “ there are no articles of the Civil Code on abnormal neighborhood disturbances, the concept is only defined from case law“. The latter therefore play a large role in defining what is or is not authorized.
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The story should not end there, however. An appeal in cassation is considered. The study of the case by this court should shed new light and could perhaps completely restart the legal process. “ If the farmer wishes, we will accompany him to show the consequences of such a decision.warns Luc Smessaert.
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