No part of the pig is wasted, especially for its neighbours ! - Julien Haler -  Attribution-ShareAlike 2.0 Generic (CC BY-SA 2.0)

No part of the pig is wasted, especially for its neighbours !

After having annulled, at the request of a resident, a single permit for setting up and operating a pig-fattening farm, the Council of State has awarded compensation to this resident against the authority having granted the permit.

By judgment number 235.196 of 23 June 2016, the Council of State has awarded compensation to a resident in the amount of €1.200 (to be increased by the legal rate of interest from the date of delivery of the judgment) against the Walloon Region.

After having obtained the annulment of the single permit for setting up and operating a pig-fattening farm and water inlet, a resident has submitted a request to the Council of State for obtaining, on the basis of Article 11bis, paragraph 1, of the coordinated laws on the Council of State, action for an order against the Walloon Region to pay compensation in order to cover the damages suffered due to the disturbance generated by the pig farm.

The Council of State recalls, at the time of this judgment, that it now has jurisdiction in order to award compensation if the recipient of a judgment annulling a measure can establish that “the illegality adopted is the cause behind the damage that it suffers and which is not fully repaired due to the annulment”.

In this case, the Council of State observes that the complainant has been able to provide “with sufficient plausibility” evidence of the reality of the noise and olfactory disturbance of which it complains and that this disturbance is caused by the operation of the pig-fattening farm, authorised by the annulled permit.

However, the Council of State decides to reduce the amount requested by the complainant after having observed that the olfactory disturbance “has been observed and deemed unpleasant by residents, mainly during the months of spring and summer, months during which they would like to enjoy the use of the outside of their properties”. In this context, the Council of State considers it “reasonable to award the requested monthly compensation of 50 euros only for six months of the year (…)”.

Photo: Julien Haler - Attribution-ShareAlike 2.0 Generic (CC BY-SA 2.0)

Louis Vansnick

By Louis Vansnick

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