Wind developer application refused on health grounds (Australia)
Aug 14, 2012
“The proposed wind farm development will adversely and unreasonably impact on the health and amenity of the locality”
Moved: Mr P Dunn Seconded: Mrs J Kellock
That the Regional Council of Goyder Development Assessment Panel resolves that:
»»» (1) Having considered the Development Application 422/155/11, determine that pursuant to Section 35(2) of the Development Act, 1993, the proposed development is NOT seriously at variance with the Regional Council of Goyder Development Plan.
»»» (2) That for the purposes of Section 33 of the Development Act, 1993, Development Application 422/155/11 be REFUSED Development Plan Consent for the following reason:
»»» It is considered that the nature of the proposed wind farm development will adversely and unreasonably impact on the health and amenity of the locality through noise and vibration caused by the operation and hours of operation of the proposed wind farm development.
The proposed wind farm development is at odds with the following Regional Council of Goyder Development Plan Objectives and Principles of Development Control:
2.1. Council Wide – Interface Between Land Uses
»»» Development located and designed to prevent adverse impact and conflict between land uses
»»» Community health and amenity and support the operation of all desired land uses
Principles of Development Control
1. Development should not detrimentally affect the amenity of the locality or cause unreasonable interference through any of the following:
»»» b) noise
»»» c) vibration
»»» g) hours of operation
2. Development should be designed and sited to minimise negative impact on existing and potential future land uses considered appropriate in the locality.
6. Sensitive uses likely to conflict with the continuation of lawfully existing developments and land uses considered appropriate for the zone should not be developed or should be designed to minimize negative impacts.
7. Developments should be designed, constructed and sited to minimize negative impacts of noise and to avoid unreasonable interference.
2.2 Council Wide – Orderly Sustainable Development
Objective 1. Orderly and economical development that creates a safe, convenient and pleasant environment in which to live.