Genesis Power Limited v Franklin District Council

COURT OR TRIBUNAL

Environment Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

09/05/2005

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Wind farm

REVIEW TYPE

Merits review

SUMMARY

(Lexis Catchwords & Digest) Local government — Town planning — Resource consent — Wind turbines

Appeal against decision of respondent council. Appellant sought consent to construct, operate, use and maintain structures and infrastructure required to operate up to 18 wind turbines for purpose of generating electricity. Number of parties supported and opposed application under (NZ) Resource Management Act 1991 (RMA) s274. Respondent refused application which was considered on basis of discretionary activity under District Plan.

Found proposal was adverse to visual effects on landscape, impact on tangata whenua and adverse effects on equestrian activities. Negotiations on three issues resulted in amendments to application and respondent adopting not opposing stance at hearing. Parties submitted whether proposal promoted sustainable management of natural and physical resources under RMA s 5.Submitted whether proposal had actual and potential effects on environment. Established cardinal and pivotal matter in weighing and evaluating evidence and exercising court discretion was RMA s5 single purpose. Established proposal met sustainable management purpose of RMA notwithstanding effects on coastal environment proposal was appropriate in circumstances. Established benefits of proposal outweighed site specific effects and effects on surrounding area. Appeal allowed.

CASE DOCUMENTS

Genesis Power Limited v Franklin District Council A148/2005 [2005] NZEnvC 341; (2006) 12 ELRNZ 71; [2005] NZRMA 541

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