Upland Landscape Protection Society Incorporated

COURT OR TRIBUNAL

Environment Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

14/04/2008

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Wind farm

REVIEW TYPE

Merits review

SUMMARY

(Linxplus case summary from Lexis)

ENVIRONMENTAL LAW - RESOURCE CONSENT - appeal by community action group applicant against decision of respondent Council granting consent for hydroelectric scheme at Mahinerangi being the Waipori scheme developed with the Deep Stream Project - application by TrustPower to erect 100 turbines up to 145 metres connecting transmission lines to national grid via 110 kV system - whether there was a designation of decision making power by respondent - whether the amended proposal was within the Court's jurisdiction - whether there was extension beyond what was originally applied for and covered within the assessment of environmental effects -application as Development Envelope - link to purpose of the Environmental Construction Management Plan - wind farm as full discretionary activity under Operative Clutha District Plan - adoption of Auckland Regional Council's Technical Publication 90 Erosion Sediment Control Guidelines for Land Disturbing Activities - adoption of TP90 Guidelines through Environment Construction Management Plans and Supplementary Environment Management Plans - s104 considered pursuant to approach of: - (1) criteria from the Plan under s104(1)(b)(iv); - (2) addressing key effects 104(1)(a); - (3) other matters 104(1)(c) - District Plan criteria considered: - (1) community effect; - (2) impact on infrastructure; - (3) safety considerations; - (4) Central Government's Policy on Greenhouse Gas Emission; - (5) whether the use of the energy source has adverse environmental effects on the sustainable use of land and associated natural and physical resources for which Council has responsibility under the Act; - (6) whether the proposed use of the land and its associated natural and physical resources is an efficient use and development of natural and physical resources; - (7) benefit to area; - (8) ongoing effect of development; - (9) impact on heritage values; - (10) degree to which adverse effects are proposed to be remedied, avoided or mitigated - visual effects identified from: - (1) turbines; - (2) roads; - (3) cuts and fills - cumulative effect with Project Hayes - sites containing ecological or heritage features - issues of bird strike within wind farms and effects on avifauna - assessment of effects and conditions to control and mitigate effects covering construction noise, operational non-turbine noise, operational turbine noise and review conditions - appropriate construction noise standard NZS 6803 1999 Acoustics Construction Noise and NZS6808 1998 Acoustics - positive benefits: - (1) involves minimum irreversible long-term modification of the landform; - (2) the major visual effect of the activity would cease with the removal of the turbines; - (3) existing farming activities could continue; - (4) improvement to the ecological values of the Scrappy Pines area - construction footprint

HELD: interim decision confirming consent in 'general terms' subject to conditions as to: - (1) number and position of turbines; - (2) areas excluded from works

CASE DOCUMENTS

Upland Landscape Protection Society Incorporated C085/2008 [2008] NZEnvC 214