2023-09-05 05:00:00
Lawyer of the Flemish company which installed large tarpaulins in Autelbas (Arlon), Me Marc Kauten goes to war before the criminal court of Arlon against a regulatory provision which according to him would not be transparent and identical according to the municipalities.
Me Kauten: ” On the one hand, certain municipalities such as Aubange, Etalle, Messancy, Aubange, Virton, Marche accept that panels be installed on agricultural trailers like those put on by my client. And the company then pays a tax to the Commune for this.
Look along the N. 81 to Messancy. The process is common. And then, on the other hand, you have the City of Arlon, which practices differently. My client may have believed in an invincible error because an official had told him that he should take stock of his advertisements and he then thought of paying a tax.
The lawyer also asks for the acquittal of the company because “there was only one finding in 2021. Since then, my client has had the trailers and advertisements moved elsewhere”argues Me Kauten.
Other opinions for Me Simon Discret on behalf of the City of Arlon and for the Deputy Crown Prosecutor, Anne-Charlotte Carlier: there is indeed an offense of installation of ” panels without planning permission” and in agricultural areas.
“These agricultural trailers are not mobile at all and are always on site, you can see it from the vegetation all around. They require planning permission”advances the representative of the prosecution, claiming a fine of 400 € (to be multiplied by 8).
“Placement sauvage”
For counsel for the civil party, “The defendant received two letters from the Municipality of Arlon in January 2021, inviting her to dismantle her tarpaulins on two mobile trailers, but which still remain on site. Then in June 2021, seeing that nothing had changed, the City had a report of the offense drawn up and the file arrived at the public prosecutor’s office.”
Me Discret further specifies that these tarpaulins are installed in an agricultural zone on the sector plan and therefore have nothing to do there. “It is a wild placement of on trailers and which must be sanctioned.”
The Arlon Criminal Court will deliver its judgment on October 2.
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