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The decision was thus based upon net community benefit and sustainable development.
Although the Tribunal did not say so in terms, it appears that the net benefit to the
community would be the reduction in green house gas emissions and the use of renewable
sources to generate electricity. Both, of course, consistent with sustainable development.
In setting aside a decision to grant a permit for two farm stay units, the tribunal considered
the effect of a permit application for a proposed 183 turbine wind farm on nearby land. The
wind farm application had been examined by a planning panel after lengthy public hearings
and a decision by the Minister for Planning was pending; was supported by expert
evidence; had policy support under the scheme; and there were no issues under the
Environment Protection and Biodiversity Conservation Act 1999 (Cth).
the tribunal held the wind farm was a seriously entertained planning policy (within the
meaning given in Lyndale & Black Pty Ltd v MMBW ; the dwellings were contrary to the
principle of separating incompatible uses; and the wind farm was preferred having regard to
net community benefit and sustainable development
The Tribunal overturned a permit the council had granted to landowners neighbouring a proposed
wind farm to build tourist accommodation in order to avoid future land use conflict. The Tribunal
noted that the landowners were were using the permit application, at least in part, as a means to
further voice their opposition to that proposal (at 23).
planning policy (within the meaning given in Lyndale & Black Pty Ltd v MMBW (1983) 7 APA
319; 1 PABR 207); the dwellings were contrary to the principle of separating incompatible uses;
and the wind farm was preferred having regard to net community benefit and sustainable
development:Macarthur Wind Farm Pty Ltd v Moyne SC (2006) 24 VPR 48; [2006] VCAT
1423
.