Nuisances: the creperie which smells too much of crepe would be too noisy
After the Maurice rooster on the island of Oléron, will the fisherman’s creperie in Erquy (Côtes-d’Armor) become a new symbol of the rivalry between the France of the fields and those of the cities, even between Parisians? and local people? Remember that this case, which has hit the headlines recently, opposes a couple of restaurateurs who recently took over a creperie in this Breton town and their neighbor who blames them for noise and olfactory nuisances.
The general public has especially retained this aspect of the neighborhood conflict on the theme: “the creperie that smells too much of crepe”. The result is a classic opposition between defenders of Breton culture and irascible neighbors ready to protect their comfort in all ways, including abusive ones. Besides, thehe online petition launched by the owners of the creperie has already collected nearly 64,000 signatures of support, ie 15 times the winter population of the town and twice its summer population… It is true that the couple of restaurateurs do not seem to have spared their efforts to appease their neighbor, detailing the thousands of euros of work undertaken. Nothing helps, the recriminations and judicial maneuvers emanating from a single neighbor accumulate.
Abnormal neighborhood disturbances
While the case could be dealt with by the Saint-Brieuc court on February 16, the plaintiff’s lawyer, based in Boulogne-Billancourt (Hauts-de-Seine) is trying to clear up the case in Le Télégramme. “I am not the enemy of pancakes, nor of restaurants, he declares there in particular. Everyone has to live.” The lawyer does not take long to specify that he is above all a specialist in noise pollution and that he will fight to obtain a judicial expertise on this point. In this case, a referral of the case should be requested to launch an acoustic expertise at the complainant’s expense.
Remember that both olfactory and noise nuisances can fall into the category of “abnormal neighborhood disturbances”, sanctioned according to article 1240 of the Civil Code. But it is true that the former are more difficult to demonstrate than the latter. In the first case, it is necessary to rely in particular on testimonies whereas in the second, it is easier to have reports from bailiffs and expert opinions. Noise is easily measured with a sound level meter and is attenuated by acoustic treatment, bad odors being otherwise more difficult to quantify. In fact in this case, the two elements are intimately linked since the creperie had a new air extractor installed to limit odors but this equipment seems noisy. The case promises to be long and complex, one thing is certain: since the health crisis, sensitivity to noise has continued to increase and conflicts related to noise pollution are multiplying.