Synergy Wind Pty Ltd v. Wellington Shire Council

Summary:

A windfarm developer that had sought permission to install 9 turbines, each with a nameplate capacity of 2MW, sought judicial review of the Wellington Shire Council’s rejection of that request. Grounds for rejection had included noise and the turbines’ “amenity impacts” on the area. The court, after examining a host of aspects of the revised plan (for 7 turbines), determined that the windfarm should be permitted. Its basic justification was that the council and local residents had not raised any argument that outweighed the benefits of the windfarm.

At Issue: Permission to develop windfarm despite adverse local impacts