Middletons has successfully defended one of New South Wales' largest wind farms, winning approval for the construction and operation of Epuron's 73 turbine wind farm on the Gullen Range.
Representing Gullen Range Wind Farm (a subsidiary of Epuron), Middletons acted in defence of an Objector's appeal against the Minister's approval of the farm.
"The Court approved the wind farm project finding that the overall impact of the project on the public and individual landowners was acceptable, and made numerous findings dealing with some highly contentious issues raised by wind farm opponents and recently the NSW Legislative Council," said Middletons senior associate, Antoinette Migliorino.
"A local objectors group (comprising around 40 landowners) as well as an individual landowner commenced two appeals against the project in August 2009 seeking refusal of the entire project, or alternatively, some form of acquisition/monetary compensation," Migliorino explained.
"The court undertook the enormous task of assessing the visual, noise and shadow flicker impacts on around 30 individual properties and numerous public viewpoints - ultimately concluding that the proponent be given the option of either acquiring 13 properties (five more than required by the Minister's original approval), or alternatively, deleting a number of turbines."
After the NSW Land and Environment Court handed down the 180-page judgment last week, the parties will now formulate conditions of consent based upon the judgment before the next proceedings at the end of May.