Key Takeouts
The NSW Independent Planning Commission approved the Hills of Gold Wind Farm following public objections.
The number of wind turbines was an issue in the approval process, due to impacts on an approved but not built dwelling, raising concerns that hypothetical approved but unbuilt houses could be used strategically to block renewable energy developments.
The IPC considered over 600 community submissions and imposed conditions, including land acquisition options for the affected neighbour.
The NSW Independent Planning Commission (IPC) has approved the Hills of Gold Wind Farm, granting development consent for an application that has raised the issue of “phantom dwellings” in the planning approvals for renewable energy projects in New South Wales.
The Wind Farm
Hills of Gold Wind Farm Pty Ltd, a project entity owned by ENGIE Australia & New Zealand (Developer), sought development consent for the Hills of Gold Wind Farm, located approximately 60 kilometres southeast of Tamworth, near Nundle (Project). The Project is not within a renewable energy zone (REZ) but is adjacent to the New England and Hunter REZs and was applied for before the establishment of the REZs.
The Developer originally sought consent for a 384 MW wind farm with 64 turbines.
The Department of Planning, Housing and Infrastructure (Department) completed a whole of government assessment of the Project and recommended that consent be given to only 47 turbines, in order to reduce the visual and noise impacts on nearby residents, as well as for biodiversity impacts.
The Department later revised its recommendation of 47 turbines, following re-assessment and advice from the Independent Expert Advisory Panel for Energy Transition (IEAPET) that a 47 turbine project would be commercially unviable, and recommended approving 62 wind turbines with conditions.
The IPC is the consent authority for the Project because more than 50 public objections were received by the Department, and as Tamworth Regional Council objected to the Project.
During the process, the IPC heard from many community members and stakeholders, and received over 600 submissions over two separate rounds (431 in first round, 214 in the second) on a variety of issues.
The IPC recommended that development consent be granted for the Project, on conditions.
The issue of “phantom dwellings” or “hypothetical houses”
An issue raised in the planning approvals was the impact on approved, but not built, dwellings located on neighbouring properties.
The Department’s original recommendation to reduce the number of turbines had been made taking into account the impact of the Project on a neighbouring landowner, who had approval to build a dwelling 300m from the nearest turbine. The Department’s assessment that turbines should be removed led to concerns that opponents of renewable energy developments could strategically propose “phantom dwellings” they have no intention of building, in order to obstruct renewable energy development.1
The draft Wind Energy Guideline - Technical Supplement for Landscape and Visual Impact Assessment, which the NSW Government has released for consultation as part of the new Energy Policy Framework, gives a definition of “dwelling” as having the same meaning as the Standard Instrument - Local Environmental Plan (Standard Instrument), (a room or suite of rooms occupied or used as a separate domicile) and including any of the following:
- dwellings that have development consent, but have yet to commence or complete construction; and
- proposed dwellings that are subject to a development application that has been lodged prior the wind energy development application but is yet to be determined.
IPC’s decision
The IPC accepted the IEAPET’s advice that the Project is only viable with 62 turbines and considered the Project on this basis.
It found that the Project is in the public interest, that the application is consistent with the Government’s strategic planning and energy framework as it will deliver up to 372 MW of renewable energy, contributing to the transition to lower emissions energy generation, and that the proposed site is suitable for renewable energy development.
To address the impact on the affected neighbour, the development consent given by the IPC includes a specific condition that this landowner may request the Developer to acquire their land, up until 5 years from the commencement of operation of the Project. The conditions set out the procedures for this acquisition. The IPC considered this condition “would allow the Project to proceed while providing an objectively robust mitigation measure.”
The issue of potential future dwellings was also raised in relation to another landowner, who held development approvals which were not in place at the time of the Department’s assessment. The IPC imposed a condition requiring the Developer to implement visual impact mitigation measures if requested by any landowner within 5km of any wind turbine, in order to minimise the visual impacts of the Project on existing and approved residences.
In addition to these specific conditions for neighbouring landowners, the IPC imposed other conditions of consent to mitigate issues raised by the community, including for transport and traffic impacts, impacts on threatened flora and fauna species, noise and vibration, and decommissioning and rehabilitation.
Implications
The approval process for the Hills of Gold Wind Farm demonstrates the stakeholder issues that come into play in new renewable energy developments. The IPC acknowledged the widespread and deeply held views in the community about the Project, but ultimately found that consent should be granted on conditions, after considering the impacts and benefits of the Project and finding it to be in the public interest. The IPC's conditions for land acquisition and visual mitigation reflect an effort to balance community concerns with the urgent push for renewable energy.
1Renew Economy, 'The “phantom” dwellings that could be project killers for wind farms' 2024