Crookwell Development Pty Ltd v Independent Planning Commission [2020] NSWLEC 1484

Land and Environment Court New South Wales

Medium Neutral Citation: Crookwell Development Pty Ltd v Independent Planning Commission [2020] NSWLEC 1484 Hearing dates: Conciliation conference on 7, 14 August, and 14, 29 September 2020 Date of orders: 14 October 2020 Decision date: 14 October 2020 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application SSD 6695 for the installation, operation, maintenance and decommissioning of a wind farm of up to 16 turbines and associated infrastructure be approved subject to the conditions annexed and marked "A". (3) The Court notes the agreement between the parties that there be no order as to costs. Catchwords: DEVELOPMENT APPLICATION – wind farm – conciliation – only part of proposed development to be approved – agreement between the parties – orders Legislation Cited: Crookwell Local Environmental Plan 1994 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Mulwaree Local Environmental Plan 1995 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No. 44 – Koala Habitat Protection State Environmental Planning Policy (Rural Lands) 2008 State Environmental Planning Policy (State and Regional Development) 2011 State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 Upper Lachlan Local Environmental Plan 2010 Cases Cited: Addenbrooke Pty Ltd v Woollahra Municipal Council (No 2) [2009] NSWLEC 134 Texts Cited: Draft Guidelines for Threatened Species Assessment (2005) NSW Climate Change Policy Framework (2016) NSW Planning Guidelines: Wind Farms (2011) NSW Renewable Energy Action Plan (2013) Wind Energy Framework: Standard Secretary's Environmental Assessment Requirement; December 2016 Wind Energy Guideline; For State significant wind energy development; December 2016 Wind Energy: Noise Assessment Bulletin; For State significant wind energy development; December 2016 Wind Energy: Visual Assessment Bulletin; For State significant wind energy development; December 2016 Category: Principal judgment Parties: Crookwell Development Pty Ltd (ACN 106 800 480) (Applicant) Independent Planning Commission (ABN 38 755 709 681) (Respondent) Representation: Counsel: A Galasso SC (Applicant) D Hume (Respondent)