Couple win court payout over tgv route opened near ‘quiet’ brittany home

HIGH-SPEED ROUTE SEES OVER 50 TRAINS PASS THROUGH PER DAY Two property-owners who live near a high-speed TGV route in Brittany must receive over €200,000 (combined) in compensation due to

the noise and visual disturbance caused by trains, a court has ruled. The tribunal in Rennes (Ille-et-Vilaine) said the state rail operator SNCF and its subsidiary Eiffage, which built the

LGV (Ligne à Grande Vitesse) Brittany - Pays de la Loire line, must pay out compensation to the owners. A third resident saw their claim rejected. The properties are located in the commune

of Domagné and La Pertre, both in immediate proximity of the line, which was constructed in between 2011 and 2017. This route sees up to 48 trains pass through each day, and at least three

overnight.  EXCESSIVE NOISE THROUGHOUT DAY AND NIGHT A first property owner was compensated €80,000 for the excess noise made by trains passing near his property, which is located around 150

metres from the line. “The LGV, from which it is separated by cultivated land, is not subject to any acoustic measures and is located on embankments,” said the court, leaving the property

owner “particularly exposed, both inside and outside,” to the noise of passing trains. “The noise levels generated are such as to interfere with any peace and quiet, day or night, and in

particular significantly impair the enjoyment of the pleasure terraces,” the court added. A couple who own a property and a plot of land nearly 7,000 m² in size received €145,000 in

compensation for the distress caused by the noisy trains.  The couple claimed they had asked the project management behind the line’s construction to purchase their property/plot, fearful of

the increasing noise levels, but the SNCF had rejected the request.  They had renovated the property and land, but said they could no longer enjoy these upgrades due to the train line,

estimating their losses at nearly €250,000.  “They argued that the work had caused them anxiety, demotivation and incomprehension, given that they had bought and renovated their house for

its quiet surroundings,” the court said. A letter from one of the owner’s GPs confirmed she suffered from fatigue and sleeping problems as a direct result of the trains. “The high-speed line

constitutes a significant visual nuisance in relation to the landscape that existed prior to its construction: in addition to the view of the structure, it screens the particularly

unobstructed view of the countryside and woods that the applicants previously enjoyed,” the court added. A third resident requested compensation of €30,000, but the courts rejected this

claim.  They were seeking damages based on noise pollution from the line, however their property is over 300 metres from the line. “The noise contribution of the high-speed line appears

negligible, given the great distance involved and the masking effect of the high level of road noise,” the court explained.  Alongside failing to receive compensation, he will have to pay

€10,000 in expert fees.  Read more: New French train luggage rule: do staff get a bonus for each fine given?