THE Department of Planning and Environment has started legal proceedings against Gullen Range Wind Farm (GRWF) regarding nine turbines that it says were not built in approved locations.
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A draft order to move these turbines has been issued to GRWF by the Department.
The law dictates that GRWF now has 21 days (from October 10) to justify why a full order should not be imposed ordering it to move the turbines.
A Department spokesperson said that despite complex legal issues the Department was determined to do all it could to force GRWF to respect and abide by the approval process.
“The Department has rigorously investigated the complex legal issues around the Gullen Range Wind Farm building turbines in locations not specified in the approval,” the spokesperson said.
“While the company claims that they acted within their approval, the Department shares the local community’s opinion that the new positions of these nine turbines are inconsistent with the conditions of consent and have negative impacts on nearby residents and environmental areas.
“It is not reasonable to say that turbines located up to 187 metres from the originally approved location constitute ‘minor’ changes.
“As such, the Department is pursuing action on the nine turbines, which are considered to be in breach due to the significant departure from the approved location.
If GRWF challenges the order in court, the Department retains the option of pursuing enforcement proceedings through the Land and Environment Court.
“The Crookwell and wider Southern Tablelands communities can rest assured the Department will take every reasonable course of action to get the best possible outcome on behalf of the community,” the spokesperson said.
GRWF developer Goldwind said in a statement following the October 2 Planning Assessment Commission decision to refuse its modified application to shift 69 of its 73 turbines: “the PAC has misunderstood and misapplied the Draft NSW Planning Guidelines: Wind Farms.”
“The PAC has effectively relinquished its role in considering the modification; the PAC had the opportunity to apply specific conditions but did not,” the company said.
“This leaves Gullen Range Wind Farm to continue to rely on the existing project approval.”
Goldwind said the existing approval provided flexibility about the final location of turbines.