Green light for wind farm

Adelaide Advertiser
Tuesday 7/12/2010 Page: 31

IN A landmark judgment that could set the precedent for community litigation against wind farm developments, the environmental court in Adelaide has ruled in favour of AGL Energy's Hallett 3 project at Mount Bryan in the Mid North. Handing down its judgment on the state's first case of this kind, the Environment, Resources and Development Court cleared the way for the $180 million wind farm. "The decision of the Council to grant development plan consent will be confirmed, subject to some minor variations to the conditions imposed", the judgment by Judge Susanne Cole, Commissioner Terry Mosel and Commissioner John Agnew said.

Some Mount Bryan residents had appealed against the 33-wind turbine project, citing visual amenity and noise concerns. The court accepted evidence that the wind farm will "comply sufficiently" with relevant noise standards and said it was up to regulatory bodies generating the policies and standards to look at raising them. "Views of the landscape will not be obstructed by the turbines, but they will form a new element in the landscape", the court said. Dairy farmer Richard Paltridge's appeal in the ERD court against Acciona Energy's $175 million Allendale East wind farm has been adjourned to the New Year.

A source close to the Mount Bryan case, who did not want to be named, commented that the judgment changed the dynamics and set a precedent for other cases that were sure to follow. "As a consequence of this decision, opponents to such projects around South Australia can now see that the demand for renewable energy outweighs any community concerns", he said.

An AGL Energy spokesperson said: "The appeal has caused some delay to the progress of the development of the wind farm, but we are pleased that we can now continue to move forward". AGL Energy has Hallett 1 and Hallett 2 wind farms already operational in the region, and is currently also constructing Hallett 4 and Hallett 5. The appellants are considering the merits of taking their appeal to the Supreme Court.

Dr Sarah Laurie, medical director of the Waubra Foundation, which is studying the health effects of wind turbines on rural communities, was disappointed with the decision. "There is growing evidence of rural Australians living near wind farms becoming very ill due to chronic sleep deprivation. "I am concerned that the current process is greatly biased towards the developers, who have significant financial resources."