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.
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