Mr A v. Municipality of Saint-Brancher

In January 2023, the plaintiff asked the Administrative Tribunal of Dijon to overturn the denial of his building permit application in 2022 for a chicken coop. He argued that the municipality's refusal, based on interests protected under the Environmental Code, was unfounded and that the municipality could not claim the project posed a threat to public health or safety without actually demonstrating such a threat.

The tribunal held that the fact that the project involves a facility regulated under facility classified for environmental protection purposes (industrial and agricultural activities that may pose dangers or disadvantages to health, public safety, agriculture, nature, the environment, or landscapes) does not prevent the mayor from denying a building permit on the grounds of risk to water resources, taking climate change into account. The tribunal further held that a municipality is entitled to deny a land use permit on public health grounds when the project creates a risk to the drinking water supply, considering not only current population water needs but also climate change projections. The Administrative tribunal relied on current and historical data, and also on projections regarding the future evolution of water resources in the context of climate change: "The study conducted by the Morvan Regional Nature Park also indicates a downward trend in water resources, which could decrease by 30% by 2050 according to projections. The low flow rate recorded in August 2023 therefore has a high likelihood of recurring regularly; moreover, if a flow rate below 70 m³ occurs while a flock of poultry is at the end of its growth cycle, daily withdrawals from the public network reservoir could exceed the flow rate of its source springs by approximately 5 m³ per day."

Finally, the tribunal found that the water resource concern, standing alone, was sufficient to justify the building permit denial. The tribunal therefore dismissed the plaintiffs demands on November 13, 2025.