Renwood v Independent Planning Commission [2018] NSWLEC 1632

Renwood v Independent Planning Commission [2018] NSWLEC 1632

The Court upheld the appeal and granted modified development consent for the Bango Wind Farm, based on the agreement between parties reducing the number of turbines, reduced environmental impacts, and satisfaction of statutory prerequisites under applicable planning and environmental legislation.

Parties
First Applicant: Ian James George Renwood; Second Applicant: Don Andrew Aroney; Third Applicant: Maj Ulrika Aroney; Fourth Applicant: Andrew William Winterflood; Fifth Applicant: Robing Anne Winterflood; First Respondent: Independent Planning Commission; Second Respondent: Bango Wind Farm Pty Ltd
Jurisdiction
Australia
Judgment Date
06 December 2018
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; modified development consent granted
Legal Topics
Development Consent, Wind Farm Approval, Appeal Process, Environmental Impact Reduction
Planning Law Environmental Law Development Consent Wind Farm Approval Appeal Process Environmental Impact Reduction

Case Brief

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Parties

Ian James George Renwood

First Applicant

Don Andrew Aroney

Second Applicant

Maj Ulrika Aroney

Third Applicant

Andrew William Winterflood

Fourth Applicant

Robing Anne Winterflood

Fifth Applicant

Independent Planning Commission

First Respondent

Bango Wind Farm Pty Ltd

Second Respondent

Procedural Posture

Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether to uphold appeal against development consent for Bango Wind Farm
  2. 2 Whether modified consent for reduced number of wind turbines should be granted
  3. 3 Whether statutory prerequisites for consent are satisfied

Ratio Decidendi

The Court upheld the appeal and granted modified development consent for the Bango Wind Farm, based on the agreement between parties reducing the number of turbines, reduced environmental impacts, and satisfaction of statutory prerequisites under applicable planning and environmental legislation.

Court Disposition

Appeal upheld; modified development consent granted

Orders

  • The appeal is upheld.
  • Development consent for the Bango Wind Farm, development application number SSD 6686, is granted subject to the modified conditions in Annexure "A" and the documents comprising the "EIS" as set out in the Index in Annexure "B".