Glen Innes Landscape Guardians Incorporated -v- Minister for Planning & Glen Innes Windpower Pty Limited [2010] NSWLEC 1281

Glen Innes Landscape Guardians Incorporated -v- Minister for Planning & Glen Innes Windpower Pty Limited [2010] NSWLEC 1281

The revised consent conditions, including turbine relocations, deletion of certain turbines, modifications to address aerial agricultural concerns, and the allocation method for community benefit funds, adequately address all relevant objections. The development can proceed subject to these revised conditions.

Parties
Applicant: Glen Innes Landscape Guardians Incorporated; First Respondent: Minister for Planning; Second Respondent: Glen Innes Windpower Pty Limited
Jurisdiction
Australia
Judgment Date
10 August 2010
Procedural Posture
Objector Appeal Regarding Development Consent / Judgment on Consent Orders After Negotiations and Objections Considered
Outcome
Appeal upheld by consent; development approval granted subject to revised conditions
Legal Topics
Designated Development, Development Consent, Visual Impact, Noise Impact, Community Benefit Funds, Aerial Application Impact
Planning and Environment Designated Development Development Consent Visual Impact Noise Impact Community Benefit Funds Aerial Application Impact

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Parties

Glen Innes Landscape Guardians Incorporated

Applicant

Minister for Planning

First Respondent

Glen Innes Windpower Pty Limited

Second Respondent

Procedural Posture

Objector Appeal Regarding Development Consent / Judgment on Consent Orders After Negotiations and Objections Considered

Legal Issues

  1. 1 Whether the revised wind farm layout addresses objections relating to visual and noise impact, aerial agricultural operations, and community benefit fund allocation
  2. 2 Consideration of objections from non-party objectors

Ratio Decidendi

The revised consent conditions, including turbine relocations, deletion of certain turbines, modifications to address aerial agricultural concerns, and the allocation method for community benefit funds, adequately address all relevant objections. The development can proceed subject to these revised conditions.

Court Disposition

Appeal upheld by consent; development approval granted subject to revised conditions

Orders

  • Approval of the wind farm project subject to revised conditions of consent, including amended layout, conditions relating to aerial application, and a 50/50 allocation for community benefit funds as specified in condition 4.7.
  • Project definition to be finalised by map agreed between proponent and Director General.