Rennes Administrative Court Cancels Authorization for Expansion of Priziac Pig “Factory Farm”

This Thursday, December 21, 2023, an important decision was made concerning the future of the pig “factory farm” in Priziac (Morbihan). The Rennes administrative court canceled the authorization granted by the prefecture which had allowed the farmer to increase his breeding capacity.

The Priziac (Morbihan) pig “factory farm” will ultimately not be able to raise more than 10,200 pigs, following a decision by the Rennes administrative court. This Thursday, December 21, it canceled the prefectural authorization which had allowed the breeder to increase its breeding capacities. The prefecture of Morbihan had given the green light to the Civil Society for Agricultural Exploitation (SCEA) of Lichouët de Laurent Cosperec to carry out installations and thus increase its herd to precisely 10,266 pigs.

Following this authorization, theAr Gaouenn environmental defense association had taken administrative action to have the prefectural decree annulled. This pig farming has in fact experienced exponential growth: it began in 2001 with 2,772 pig breeding places, before seeing this number increased to 3,490 in 2009, 8,264 in 2017 and 10,068 in 2019. The industrial pigsty had for this purpose set up new installations, thanks to additional requirements issued by State services.

As of February 5, 2021, the SCEA of Lichouët sent a file to the State services presenting the changes it intended to make to its operation. The farmer then received a building permit on June 16, 2021 for new equipment: a fattening pigsty with installation of photovoltaic panels, a cereal storage cell, a lagoon, an aeration basin and to extend the maternity building of its operation.

But in its decision of December 21, 2023, the Rennes administrative court notes that “the sole objective of the organization of work (…) cannot be sufficient to justify the creation of 950 locations”which would lead to “an occupancy rate limited to 79%” while it benefits from authorization for “an occupancy rate of 93%”.

Furthermore, the interpretation made of the terms of the ICPE nomenclature by the regional instructor services of the prefecture alone to justify the absence of crossing the threshold of 750 sows reveals itself “not very compatible with the control requirements specific to intensive breeding”.

The officials in charge of the case had traveled to the hearing to support the farmer, who was absent. For them, the operator had set up “the best techniques available” and makes sure “to have quantities of nitrogen widely lower than traditional breeding. “Ç“It would be a shame to prevent someone from improving their wastewater treatment plant.”had also launched the agent who considered that he was dealing with a “breeding copy”.

However, according to the court, “it does not follow from the instruction that the modifications made to the operation would not have the effect of causing it to cross the threshold set (…), implying, consequently, the issuance of an authorization (.. .).” However, as the Ar Gaouenn association argued, “the modifications made to the project since it was authorized in 2017 have increased the breeding capacity of the SCEA of Lichouët by 25% and led to increasing the installation from 19,609 m3 to 29,012 m3”.

The volume of slurry thus increases from 15,249 m3 in 2017 to 19,040 m3 per year and the operation will generate 13,521 kg of nitrogen and 4,421 kg of phosphorus to be spread annually. Ammonia emissions resulting from this increase are therefore greater than 23 tonnes per year, compared to 15 tonnes in 2017.

The environmental authority had also recommended that the operator “bring to completion the demonstration of good control of the impacts of the activity on the issues of protection of water quality and environments, preservation of the living environment, limitation of consumption of water and energy resources and greenhouse gas emissions.remind the judges.

Moreover, “the impact on natural environments of the resulting nitrogen fallout must be considered in terms of accumulations on a territorial scale”they add: here, ammonia emissions are therefore “a strong environmental limitation to the intensification of livestock farming”.

Thus, “given the nature and extent of the modifications made to the project, (…) the prefect of Morbihan like the petitioner cannot be content with maintaining that this new extension of activity is not likely to “have substantial negative impacts on the environment” and that “the monitoring means implemented are sufficient to avoid the risks presented by the installation”.

Concretely, “it was up to the prefect (…) to invite the operator to submit a new authorization request”, conclude the Rennes judges. Ar Gaouenn is therefore justified in maintaining that the order is illegal. Indeed, according to the judges’ decision, the prefectural decree acts, by simple additional prescriptions and without even carrying out the necessary prior consultations, the modifications made by the SCEA of Lichouët to its installation.

Or, “such illegality is not capable of being regularized. : the prefect of Morbihan will therefore have to re-examine the farmer’s request. In the meantime, it may issue an order allowing the temporary operation of the installation.

The farmer will, however, have to submit an appropriate request to the State services, which is therefore not certain to be successful, if he wants to maintain his proposed modification. The State will finally have to cover the association’s legal costs of €1,500.

2023-12-24 11:48:21
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