Bango Wind Farm Pty Ltd v NSW Minister for Planning [2019] NSWLEC 1254

Land and Environment Court New South Wales

Medium Neutral Citation: Bango Wind Farm Pty Ltd v NSW Minister for Planning [2019] NSWLEC 1254 Hearing dates: Conciliation conference on 31 May 2019 Date of orders: 07 June 2019 Decision date: 07 June 2019 Jurisdiction: Class 1 Before: Smithson C Decision: The Court orders: (1) Leave is granted to amend the modification application in accordance with the Amended Class 1 Application. (2) The appeal is upheld. (3) Development consent for the Bango Wind Farm, development application number SSD 6686, is modified to approve the subdivision of land and amend the description of the Land to include two additional parcels of land in accordance with the modified conditions in Annexure "A" and the documents comprising the "EIS" as set out in the Index in Annexure "B". Catchwords: MODIFICATION APPLICATION – wind farm – conciliation conference – agreement between the parties – orders Legislation Cited: Boorowa Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulations 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (State and Regional Development) 2011 Yass Valley Local Environmental Plan 2013 Cases Cited: Renwood v Independent Planning Commission [2018] NSWLEC 1632 Category: Principal judgment Parties: Bango Wind Farm Pty Ltd (Applicant) NSW Minister for Planning (Respondent) Representation: Counsel: A Hemmings (Applicant)