Ryan v Circular Head Council

COURT OR TRIBUNAL

Tasmanian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

11/09/2023

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Wind farm

REVIEW TYPE

Merits review

SUMMARY

Environment and Planning – Planning appeal – Wind farm development – Jurisdiction in respect to conditions required by the EPA – Whether piecemeal development – Whether development application is inadequate or incomplete – Whether permit and conditions uncertain – Assessment by the EPA – The precautionary principle – Risks to Orange-bellied Parrots, shorebirds, eagles and Tasmanian Devils – Risks to geoheritage sites – Whether required to locate on rural resource land – Drainage and sewerage disposal – Height, location and visual intrusion – Application of zone purpose statements, local area objectives and desired future character statements – Conditions

CASE DOCUMENTS

Ryan v Circular Head Council (No 4) [2023] TASCAT 217