Gullen Range Wind Farm Pty Limited v Minister for Planning [2009] NSWLEC 1444

Land and Environment Court of New South Wales

CITATION : Gullen Range Wind Farm Pty Limited v Minister for Planning [2009] NSWLEC 1444

APPLICANT Gullen Range Wind Farm Pty Limited PARTIES : RESPONDENT Minister for Planning

FILE NUMBER(S) : 10700 of 2009

CORAM: Moore SC - Fakes C

DEVELOPMENT CONSENT - DEVELOPMENT MODIFICATION :- KEY ISSUES: Removal of turbines from windfarm Aircraft safety Precautionary approach

DATES OF HEARING: 30 November, 1, 2, 3 and 7 December

EX TEMPORE JUDGMENT DATE : 7 December 2009

APPLICANT Mr A Pickles, barrister INSTRUCTED BY Middletons LEGAL REPRESENTATIVES: RESPONDENT Mr P Clay, barrister INSTRUCTED BY Department of Planning

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC FAKES C

7 December 2009

10700 of 2009 Gullen Range Wind Farm Pty Limited v Minister for Planning

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1 COMMISSIONERS: Gullen Range Wind Farm Pty Limited (the applicant) has an approval from the Minister for Planning (the Minister) to construct a wind farm, generally to the south of Crookwell, in two portions along a range of hills known as the Gullen Range. It is not necessary for the purposes of this decision, which is one that deals with a discrete issue within one of the three sets of proceedings concerning the Minister's consent that are being dealt with by the Court, to describe the topography or layout of the wind farm in any great detail. That will be dealt with in our decision on the broader substantive issues.