Maniototo Environmental Society Incorporated v Central Otago District Council
COURT OR TRIBUNAL
Environment Court of New Zealand
DATE FILED (OR FIRST HEARING DATE)
19/05/2008
LITIGATION TYPE
Project Approval - Mitigation
SUBJECT MATTER
Wind farm
REVIEW TYPE
Merits review
SUMMARY
(Linxplus case summary from Lexis)
RESOURCE MANAGEMENT - successful appeals against decisions by the Central Otago District Council (CODC) and Otago Regional Council (ORC) to grant resource consents to establish and operate a wind farm on the Lammermoor Range - applicant proposed to establish 176 turbines - site envelope of about 135km2 - CODC granted land use consents for the proposal, an unrestricted discretionary activity - ORC granted land use consents, discharge permits and water permits - applicant appealed conditions only - all other appellants opposed land use consent completely - whether to confirm, cancel or modify the resource consents for the proposal
HELD: all appeals except the applicant's appeal allowed - no order made in respect of the applicant's appeal against conditions - ORC and CODC's decisions to grant resource consent cancelled - land use consents for the proposal refused under both the operative and proposed district plans - consents and permits sought from the ORC refused as unnecessary - proposal inappropriate in the outstanding natural landscape of the Eastern Central Otago Upland Landscape and did not achieve sustainable management of the Lammermoor's resources in terms of s5 Resource Management Act 1991 - nationally important positive factors of enabling economic and social welfare by providing a very large quantity of renewable energy were outweighed by the adverse consequences - dissenting judgment of Commissioner Sutherland would have granted consents on amended conditions - costs reserved
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