RES Southern Cross v Minister for Planning and Taralga Landscape Guardians Inc. [2008] NSWLEC 1333

RES Southern Cross v Minister for Planning and Taralga Landscape Guardians Inc. [2008] NSWLEC 1333

The proposed modification constitutes substantially the same development as originally approved; although incremental impacts (visual, noise, ecological) are identified, they do not warrant refusal given the public interest in renewable energy and incremental changes can be addressed by revised conditions of consent, including the addition of two properties to the schedule of acquisition properties.

Parties
Applicant: RES Southern Cross; First Respondent: Minister for Planning; Second Respondent: Taralga Landscape Guardians Inc.
Jurisdiction
Australia
Judgment Date
21 August 2008
Procedural Posture
Appeal / Judgment
Outcome
Modification application approved subject to revised conditions of consent.
Legal Topics
Modification of Development Consent, Wind Farms, Visual Impact, Noise Impact, Ecological Impact
Environmental Law Planning Law Modification of Development Consent Wind Farms Visual Impact Noise Impact Ecological Impact

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

RES Southern Cross

Applicant

Minister for Planning

First Respondent

Taralga Landscape Guardians Inc.

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed modification constitutes substantially the same development under s 96 of the Environmental Planning and Assessment Act 1979
  2. 2 Assessment of adverse impacts (visual, noise, ecological, shadow flicker) arising from the modification
  3. 3 Appropriateness of existing and revised conditions of consent

Ratio Decidendi

The proposed modification constitutes substantially the same development as originally approved; although incremental impacts (visual, noise, ecological) are identified, they do not warrant refusal given the public interest in renewable energy and incremental changes can be addressed by revised conditions of consent, including the addition of two properties to the schedule of acquisition properties.

Court Disposition

Modification application approved subject to revised conditions of consent.

Orders

  • Modification of the development consent approved, with two additional properties (Mr Sassine's property and Cushendall Vineyard) added to Schedule 2 (acquisition properties).
  • Directions for parties to settle revised conditions of consent reflecting amended impacts and monitoring regimes.