NSW Community Renewables (Gunnedah) Pty Ltd v Gunnedah Shire Council [2022] NSWLEC 1581

Land and Environment Court New South Wales

Medium Neutral Citation: NSW Community Renewables (Gunnedah) Pty Ltd v Gunnedah Shire Council [2022] NSWLEC 1581 Hearing dates: 23-24 February 2022; 11 July 2022; submissions on conditions filed on 18, 20 and 25 July 2022 Date of orders: 28 October 2022 Decision date: 28 October 2022 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application DA2020/035 for the construction and use of electricity generating works comprising 5MW solar farm and associated infrastructure on a portion of the land legally described as Lot 2 in DP 814689 known as 262 Hunts Road, Gunnedah, subject to the conditions of consent in Annexure A. (3) The exhibits are returned except for A, B, C, E, G, 2, 10 and 12. Catchwords: DEVELOPMENT APPLICATION – regionally significant development – electricity generating works – solar farm – alienation of residential land – visual impacts and landscape character – site suitability – public interest Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.15 Gunnedah Local Environmental Plan 2012, cl 2.3 State Environmental Planning Policy (Planning Systems) 2021, cl 2.19, Sch 6 cl 5(a) State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 2 ss 1.2, 2.7, 2.35, 2.36, 2.42 Cases Cited: Hastings Point Progress Association Inc v Tweed Shire Council (2009) 168 LGERA 99; [2009] NSWCA 285 Ironlaw Pty Limited v Wollondilly Shire Council (No 3) [2014] NSWLEC 1057 Liverpool City Council v Moorebank Recyclers [2018] NSWCA 7 Trevor Allan McBride v MidCoast Council [2021] NSWLEC 100 Texts Cited: Draft Gunnedah Shire Local Housing Strategy 2021 Draft Gunnedah Water Supply Strategy 2020 Gunnedah Development Control Plan 2012 Gunnedah Urban Landuse Strategy 2016 Planning Guidelines for Managing Land Contamination Category: Principal judgment Parties: NSW Community Renewables (Gunnedah) Pty Ltd (Applicant) Gunnedah Shire Council (Respondent) Representation: Counsel: J Lazarus SC (Applicant) A Seton (Solicitor) (Respondent)