These turtles could block a real estate project in Corsica

A real bestiary: a hedgehog, a frog, birds, a hamster or a bat… the list of animal species that stand at the beginning of the end of real estate programs is as long as the entrance procession to Noah’s Ark. Each time, these are protected species that could be threatened by the destruction of their natural environment. But in this case, which takes place in Porto-Vecchio and whose legal adventures span more than 5 years, the prosecutors emphasize “approval damage”. In other words, they complain that the implementation of the real estate program planned on the neighboring property deprives them of the view of the turtles.

As Corse Matin reports, the case is currently being examined by the Council of State, the highest administrative court in the country, which must issue a final decision in the coming weeks. It is a decree from the Prefect of Southern Corsica, adopted in December 2017, which authorized the construction company to move the Hermann’s tortoises present on the construction site and destroy their natural habitat. After an by a real estate company and several local residents, this order was partially overturned by the Bastia Administrative Court.

Turtles can pass through the next plot

However, the Administrative Court of Appeal in Marseille then ruled entirely in favor of the developer, finding that the plaintiffs had no direct interest in taking action in this proceeding. And according to Corsican morning, the public reporter of the High Administrative Court confirmed the reading of the law by the judges of Marseille. On the one hand, SCI, as a legal entity, cannot claim damages for approval. As for the other residents involved in the proceedings, even the fact that their land is adjacent to the land of the real estate project does not justify this damage to the amenities. “In any event, the challenged ordinance provides that the turtles must be released in the immediate vicinity, within a radius of less than 500 meters from the place of capture. However, it appears from the documents in the file that the turtles get to the complainants’ land by passing through the neighboring land and will thus continue to have access to their land. according to the reporter, who requests the dismissal of the cassation complaints. Results in a few weeks.

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