Cherry Tree Wind Farm Pty Ltd v Mitchell Shire Council

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

30/11/2012

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Wind farm

REVIEW TYPE

Merits review

SUMMARY

The applicant sought permit approval to construct a 16 turbine wind farm east of Seymour. Objectors submitted that the proposal was prohibited because the consent of two landowners who were constructing dwellings with 2 kilometres of a proposed turbine had not been obtained. In addition, objectors claimed that sound pressure from the wind farm would cause health problems to locals. The Tribunal ruled that on the proper construction of the Mitchell Planning Scheme the uncompleted structures were not existing dwellings. The Tribunal then reviewed the evidence regarding the sound issue and adjourned the final determination for the matter pending the outcome of a study to be conducted by the EPA of South Australia.

CASE DOCUMENTS

Cherry Tree Wind Farm Pty Ltd v Mitchell Shire Council [2013] VCAT 521