Cherry Tree Wind Farm Pty Ltd v Mitchell Shire Council
Jurisdiction: Civil and Administrative Tribunal
Side A: Cherry Tree Wind Farm Pty Ltd (Corporation)
Side B: Mitchell Shire Council (Government)
Challenge to wind farm
Cherry Tree Wind Farm Pty Ltd applied to review a decision by the Mitchell Shire Council to fail to grant an application for a wind farm. The application had been denied because the consent of two landowners who were constructing dwellings within 2 kilometers of the proposed turbine had not been obtained. The Tribunal decided to adjourn the final determination for the matter pending the outcome of a study to be conducted by the EPA of South Australia in an order dated April 4, 2013.
In hearings between January 29 and March 18, 2013, the Tribunal considered state policy on renewable energy, as well as potential health problems of the sound pressure emissions from the farm. The tribunal decided that their deliberations must start with the proposition that renewable energy facilities, including wind farms, should be encouraged and promoted. As such, the Tribunal determined that its role was to strike a balance with the renewable energy facilities to achieve minimal impact to the area.