Gullen Range Wind Farm Pty Limited v Minister for Planning [2009] NSWLEC 1444

Gullen Range Wind Farm Pty Limited v Minister for Planning [2009] NSWLEC 1444

The Court concluded that due to lack of conclusive expert evidence on safe distances and the need for a comprehensive aviation risk assessment, it is appropriate to refuse reinstatement of any of the eleven removed turbines.

Jurisdiction
Australia
Judgment Date
07 December 2009
Procedural Posture
Development Consent Modification / Preliminary Decision on Reinstatement of Turbines
Outcome
Refusal of applicant's request for reinstatement of eleven turbines; Minister's decision upheld
Legal Topics
['development Consent' 'aircraft Safety' 'precautionary Approach' 'modification of Development Application']
['planning and Environment'] ['development Consent' 'aircraft Safety' 'precautionary Approach' 'modification of Development Application']

Case Brief

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Procedural Posture

Development Consent Modification / Preliminary Decision on Reinstatement of Turbines

Legal Issues

  1. 1 ['Whether the deletion of eleven turbines for aeronautical safety should be reversed' 'Appropriate safety measures and risk assessment for retention of turbines near Crookwell Landing Strip']

Ratio Decidendi

The Court concluded that due to lack of conclusive expert evidence on safe distances and the need for a comprehensive aviation risk assessment, it is appropriate to refuse reinstatement of any of the eleven removed turbines.

Court Disposition

Refusal of applicant's request for reinstatement of eleven turbines; Minister's decision upheld

Orders

  • ['Application for reinstatement of eleven turbines refused' 'No interference with decision requiring deletion of turbines']