Assembl\u00e9e g\u00e9n\u00e9rale 2024 : la mobilisation se poursuit !<\/a><\/p>\n<\/article>\n<\/h2>\nTHE CITY OF ANLEZY SAYS NO TO BAYWA WIND PROJECT<\/h2>\n 29 mai 2021<\/p>\n
Last week the municipal council of Anlezy met to discuss the\u00a0BayWa\u00a0 r.e. wind power project. In their wisdom, the majority of the elected representatives decided to reject\u00a0this project.<\/p>\n
The vote of the elected officials of Anlezy, carefully considered, sends a strong signal to the wind company\u00a0that the inhabitants of Les Amognes are not intimidated by their false arguments and promises.<\/p>\n
We are very grateful that they voted for the preservation of the environment of Anlezy and the Amognes region.<\/p>\n
FRENCH PUBLIC AUTHORITY FOR TRANSPARENCY REQUESTS THE MAYOR OF CIZELY TO MAKE HIS EXCHANGES WITH WIND COMPANY\u00a0BAYWA PUBLIC<\/h2>\n 9\u00a0juin\u00a02019<\/p>\n
In an opinion issued on March 25, 2021, the Commission d’Acc\u00e8s aux Documents Administratifs (CADA) gives right to the request for access to the documents exchanged between the mayor of Cizely, Xavier Ch\u00e2telain, and the wind company\u00a0BayWa.<\/p>\n
CADA recalls that it is not possible for the mayor or the company\u00a0to hide behind business secrecy in order not to disclose these documents when they contain information relating to emissions into the environment.<\/p>\n
The CADA emphasizes that this obligation also applies to\u00a0the exchanges between BayWa\u00a0and the mayor of Cizely on his\u00a0personal email account, whereas our associations have been able to confirm\u00a0the existence of these exchanges.<\/p>\n
The mayor of Cizely, in a situation of conflict of interest, refuses to communicate these documents.<\/p>\n
THE MAYOR OF CIZELY\u00a0REFUSES TO GIVE ACCESS TO THE DOCUMENTS EXCHANGED WITH BAYWA R.E.<\/h2>\n 9\u00a0juin\u00a0 2019<\/p>\n
The mayor of Cizely, Xavier Ch\u00e2telain, has declined\u00a0to communicate any of the administrative documents he has exchanged with the windpower company BayWa r.e.<\/p>\n
This situation is particularly shocking.\u00a0The conflict of interest existing in Cizely, where the mayor has a personal interest in the wind project, is a well-known fact.<\/p>\n
The transmission of administrative documents is compulsary. The Commission of Access to Administrative Documents has been seized.<\/p>\n
WIND POWER PROJECTS IN THE AMOGNES: OPPONENTS ATTACK ON SEVERAL FRONTS 9\u00a0 juin\u00a0 2019<\/p>\n
Wind power projects in the Amognes: Opponents attack on several fronts<\/p>\n
Les Amognes sees two wind energy projects on the horizon. Opponents are getting organized. The mayor of Cizely is particularly targeted in this complex case, for which two lawyers are intervening.<\/p>\n
The tone hardens around the wind projects in the Cizely, Billy-Chevannes, Anlezy, Rouy and Saxi-Bourdon area.<\/p>\n
While the measuring mast has been installed since last August, and the project leader, Bay War. e, says that \u00ab\u00a0there is nothing new to announce until the wind measurement readings are compiled\u00a0\u00bb, the defense associations are getting organized.<\/p>\n
This zone seems to be of particular interest to the holders of wind projects. On one side there is BayWa r.e, therefore, and on the other side Sol\u00e9ol; each hoping to be able to install six wind turbines. Previously, another wind company\u00a0had had to abandon his project.<\/p>\n
Sol\u00e9ol would target the Rouy-Saxi-Boudon and Billy-Chevannes zone; BayWa r.e, the communes of Cizely, Billy-Chevannes and Anlezy.<\/p>\n
Also, the opponents (Amognes d\u00e9fense environnement and Avenir durable en Nivernais) have hired the services of several lawyers. A petition also collected 7,000 signatures on the Mesopinions site (Save the landscapes, biodiversity and quality of life of the Amognes!).<\/p>\n
In September, Mr. Ciaudo filed an appeal with the administrative court of Dijon for \u00ab\u00a0misappropriation of power\u00a0\u00bb by the mayor of Cizely and his family. The issue at stake is the measuring mast that was allegedly installed on a piece of land belonging to the mayor’s family .<\/p>\n
\u00ab\u00a0It’s a rather complex case in terms of environmental law,\u00a0\u00bb continues the lawyer, who is contesting the authorization to install the mast. He hopes for a positive decision from the judges by the end of 2021, for dismantling.<\/p>\n
The other line of defense for local residents is a request, dated December 8, sent by Echezar’s office to the mayor of Cizely, asking him to communicate all preparatory administrative documents (received at the town hall or on his personal computer) on the project and on the particular interests that could be involved, in application of the rules of the commission for access to administrative documents.<\/p>\n
In addition, the law firm should alert the public prosecutor about a possible conflict of interest during the vote, at the Cizely town council, on the implementation of the measuring mast.<\/p>\n
The mayor did not wish to answer our questions, referring us to BayWa r.e.<\/p>\n
CONFLICT OF INTEREST AND BAYWA PROJECT: LAWYERS REQUEST FULL DISCLOSURE OF ALL EXCHANGES BETWEEN MAYOR AND BAYWA R.E.<\/h2>\n 12\/22\/2020<\/p>\n
Text of the letter sent by Me Echezar, Attorney at Law, to the mayor of Cizely (December 8, 2020):<\/p>\n
\u00ab\u00a0Mr. Mayor,<\/p>\n
I am writing to you in my capacity as counsel\u00a0of\u00a0the association Avenir Durable en Nivernais (ADEN), domiciled in Chassy 58270 VILLE-LANGY.<\/p>\n
I am hereby sending you a request for the communication of all administrative documents and letters exchanged between the municipality of CIZELY and the company BayWa r.e., which has a wind project on the territory of your municipality.<\/p>\n
Pursuant to Articles L. 311-1 et seq. of the Code of Relations between the Public and the Administration, I therefore request that you send me as soon as possible all documents, letters and emails that have been exchanged between this company and yourself or any other representative of the municipality.<\/p>\n
In particular, I draw your attention to a letter dated March 11, 2020, of which the association ADEN has been informed, by which the representatives of BayWa r.e., Ms. Diane ALESANDRINI and Mr. Kilian ALVAREZ, inform you of the solar\/wind hybrid character of the project developed in your municipality, whereas the deliberations of the municipal council, as well as the information brochures of the BayWa r.e. Company, have not so far mentioned a solar dimension of this project.<\/p>\n
I would therefore ask you to pay the greatest attention to the communication of documents, letters and e-mails relating to this solar dimension of the activities that the BayWa r.e. Company intends to carry out within the framework of this project which covers the communes of CIZELY, BILLY-CHEVANNES and ANLEZY.<\/p>\n
In addition, the association Avenir Durable en Nivernais has been informed of electronic messages concerning the project sent by representatives of BayWa r.e. to your personal address (\u00a0\u00bb … \u00ab\u00a0). I would like to remind you that, because of your position as mayor, the e-mails from BayWa r.e. representatives sent to your personal e-mail accounts must also be communicated in application of the above-mentioned articles of the code of relations between the public and the administration. Under no circumstances may they be deleted or altered in application of article L. 322-1 of the Criminal Code.<\/p>\n
I would like to inform you that the Commission for Access to Administrative Documents (CADA), in a notice dated March 8, 2018 (20175780), recalled the framework of the obligation to disclose these documents, in particular on the basis of the provisions of the CGCT concerning the deliberations and minutes of local authorities, but also of Articles L. 124-1 et seq. of the Environmental Code and, subsidiarily, of Articles L. 311-1 et seq. of the Code on Relations between the Public and the Administration.<\/p>\n
In addition, in its opinion of September 10, 2015 (no. 20153118), the CADA considered that: \u00ab\u00a0In this respect, Articles L.124-4 and L.124-5 of this code exhaustively list the cases in which the administrative authority may reject a request for the communication of information relating to the environment, which do not include the preparatory nature of the document or information\u00a0\u00bb.<\/p>\n
Finally, in accordance with the CADA notice of May 17, 2018 (20180249), it should be recalled that these communications should preferably be made via electronic downloading platforms.<\/p>\n
The ethical rules governing my profession lead me to inform you that you can answer me directly or through your usual counsel.<\/p>\n
Please accept, Mr. Mayor, the expression of my consideration.\u00a0\u00bb<\/p>\n
(underlining: ADE)<\/p>\n
A SOLAR PROJECT BEHIND THE BAYWA WIND PROJECT<\/h2>\n 12\/14\/2022<\/p>\n
We now\u00a0discover that the BayWa r.e. wind project is in fact a mixed solar\/wind project, a dimension which had never been mentioned in public documents, neither in the BayWa r.e.\u00a0brochure on the project, nor in the deliberation of the Cizely City Council. This hybrid dimension is however affirmed in this March 2020 letter sent by BayWa r.e. representatives to the mayor of Cizely, which our association got acidentally.<\/p>\n
This raises many questions: why this solar dimension was not mentioned? And what were the exchanges between BayWa r.e.\u00a0and the mayor of Cizely, whose family and professional activities related to solar energy, starting with the operation of a photovoltaic park in Billy-Chevannes, are well-known?<\/p>\n
All this adds up to the long list of our questions: why is it the mayor of Cizely who approaches landowners for the developer? why do they consult each other and arrive together at meetings of elected officials? why do they exchange messages on private e-mail accounts? is it normal that the wind measuring mast was installed on a field operated by the mayor, with undeclared preparatory work, and what is the counterpart?<\/p>\n
BAYWA PROJECT<\/h2>\nCIZELY, BILLY-CHEVANNES, ANLEZY<\/h2>\n 10\/10\/2020<\/p>\n
BayWa r.e.\u00a0seeks\u00a0to install 8 wind turbines of 150-m high on the territory of the municipalities\u00a0of Cizely, Billy-Chevannes and Anlezy all along an\u00a0environment-protected\u00a0\u00ab\u00a0Natura 2000\u00a0\u00bb site\u00a0(Bocages, forests and wetlands of the Amognes).<\/p>\n
In the past, other wind power companies studied the possibility to install turbines\u00a0in this wooden area but\u00a0then gave up because of the high risks for biodiversity and\u00a0landscape preservation. BayWa r.e. preferred to dismiss similar warnings and go ahead with its industrial project.<\/p>\n
By the end of 2019, BayWa r.e.\u00a0started its contacts with\u00a0the\u00a0municipality\u00a0of Cizely,\u00a0whose mayor has personal interests in the project. A strong local opposition started once these plans became apparent with\u00a0the installation of a\u00a0104-m high wind-measurement mast\u00a0in August 2020. The municipality of\u00a0Billy-Chevannes deliberated against the project in September 2020, and the municipality\u00a0of Anlezy has suspended any deliberation on this matter.<\/p>\n
On several occasions, BayWa r.e.\u00a0representatives publicly discarded the serious concerns of local residents. This company, a subsidiary of a large German agricultural machinery group, is specialized in developing wind-energy infrastructures which it then sells to third parties.<\/p>\n
SOLEOL\u00a0PROJECT<\/h2>\nSAXI-BOURDON, ROUY, BILLY-CHEVANNES<\/h2>\n 10\/10\/2020<\/p>\n
Soleol presents itself as a design office located in Privas (Ard\u00e8che), formerly called \u00ab\u00a0Ecosoleil \/ Ecovent\u00a0\u00bb.<\/p>\n
It is prospecting an area covering the municipalities\u00a0of Saxi-Bourdon, Rouy and Billy-Chevannes in a hitherto preserved\u00a0landscape marked by\u00a0many heritage buildings (XII-century Saint-Antoine Church in Chevannes; Castle of Vesvres; Saint-Germain d’Auxerre Church in Rouy) and home to many protected species (migration corridor).<\/p>\n
The installation of a wind-measuring tower, on a small plot of land in the municipality\u00a0of Rouy, had been announced but has\u00a0not materialized so far.<\/p>\n
The Saxi-Bourdon municipality\u00a0voted in favor of the project in November 2019 (former municipal team).\u00a0The municipality\u00a0of Billy-Chevannes voted against this project in September 2020.<\/p>\n
The links between BayWa r.e. and Soleol are not clear. The two teams are in contact and organize meetings together. And local elected officials are sometimes asked by them to support the two projects as whole.<\/p>\n
\u00a0<\/span><\/h2>\n<\/figure>\n<\/figure>\n","protected":false},"excerpt":{"rendered":"Our association is committed to protecting the Amognes region (Ni\u00e8vre, Burgundy, France) from the installation of oversized wind or photovoltaic farms. The energy transition and the fight against climate change are major challenges. But contrary to what renewable energy companies and their local partners want us to believe, these challenges will not be solved by […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-58","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/amognes-environnement.com\/index.php\/wp-json\/wp\/v2\/pages\/58","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/amognes-environnement.com\/index.php\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/amognes-environnement.com\/index.php\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/amognes-environnement.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/amognes-environnement.com\/index.php\/wp-json\/wp\/v2\/comments?post=58"}],"version-history":[{"count":3,"href":"https:\/\/amognes-environnement.com\/index.php\/wp-json\/wp\/v2\/pages\/58\/revisions"}],"predecessor-version":[{"id":163,"href":"https:\/\/amognes-environnement.com\/index.php\/wp-json\/wp\/v2\/pages\/58\/revisions\/163"}],"wp:attachment":[{"href":"https:\/\/amognes-environnement.com\/index.php\/wp-json\/wp\/v2\/media?parent=58"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}