Permits, Prevention, Air pollution

The applicant requires the 1st administrative court of the Federal Tribunal to quash the decision taken by the municipality of Chigny to grant a permit for the construction of an electric transformer substation.

The applicant, the owner of the neighbouring parcel, is opposed to the construction of the electric transformer substation on the basis that it would present important risks for both human health and the environment due to the electromagnetic fields that it would produce. The applicant invokes the preventive principle to require the cancellation of the project.

The court refuses to cancel the building permit on the basis that the risk presented by the electric transformer substation are taken into account in the land use plan and that the measures taken to mitigate it such as the constructions standards used are sufficient to protect the environment and the local populations. Thus the court consideres that the measures taken were in line with the preventive principle.