Burrundulla Solar Farm LEC Proceedings: SOFAC and Community Update

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BURRUNDULLA SOLAR FARM LEC PROCEEDINGS: AMENDED STATEMENT OF FACTS AND CONTENTIONS AND COMMUNITY UPDATE

LAND AND ENVIRONMENT COURT PROCEEDINGS NO. 2021/00361625 IT POWER (AUSTRALIA) PTY LTD V MID-WESTERN REGIONAL COUNCIL
DA0288/2019, 3B SYDNEY RD, BURRUNDULLA NSW 2850

Latest Update - 17 February 2023

An amendment was made to the Mid-Western Regional Local Environmental Plan 2012 on 13 December 2022, which has had the effect of amending the application of the State Environmental Planning Policy (Transport and Infrastructure) 2021 (T&I SEPP).

The amendment has the effect that Mudgee is now designated  as a ‘regional city’ under the T&I SEPP.  This means that there are now additional matters which the consent authority (i.e. the Land and Environment Court) must consider, and additional matters about which it must be satisfied, before it can grant consent to a solar or wind electricity generating proposal that is state or regionally significant development (such as this development application). These matters are set out in ss. 2.42 and 2.43 of the T&I SEPP.

There is no savings provision in respect to the amendment of the SEPP. Accordingly, the Court must consider cl. 2.42 in its determination of this development application. The parties made a request to the Court that no determination be made until the parties had the opportunity to make further submissions and, if required, provide further evidence.

The parties have recently settled a timetable for the filing of a further amended Statement of Facts and Contentions by the Council (and a Reply by the Applicant), as well as the filing of further evidence and (in due course) written submissions. There may be a further hearing of the matter. If so, the community will be notified as to the date for that hearing.

A copy of Council's amended Statement of Facts and Contentions filed with the Court on 20 February 2023 is now available(PDF, 606KB) . 

Amended Statement of Facts and Contentions - 25 August 2022

Following the Section 34 Conference held on the 29 April 2022, the Registrar for the Land and Environment Court has granted leave for the applicant to amend their development application so as to rely on amended plans and documents in the above proceedings.

The applicants amended documents were filed with the Court on the 5 August 2022 and were exhibited by Council, seeking public submissions on the revised information, until 22 August 2022.

Following the above process, Council is required to file an amended Statement of Facts and Contentions which sets out Council’s reasons as to why the original decision to refuse the DA should be upheld based on the revised plans and documents filed with the Court. It also lists further information which Council considers would need to be provided in order to properly assess the DA.

A copy of Council’s amended Statement of Facts and Contentions filed with the Court on 25 August 2022 is now available(PDF, 2MB). 

Land and Environment Court - Community Update

The above court proceedings were addressed at the Land and Environment Court at 10am Wednesday, 21 September and Friday, 23 September. 

The hearing continued in the Land and Environment Court in Sydney on 5-6 October 2022.

The Land and Environment Court hearing was completed on 5-6 October 2022.

The Commissioner has agreed to receive written submission from both parties, for closing submissions - as these were unable to be undertaken on the last day.

In due course, the presiding commissioner will advise the parties of the means by which the judgment will be delivered.  It is expected that the judgement will be "reserved", this means that the judgment will be prepared as a written document and delivered at a later date. The parties will be given notice of the date and location, by the Registry, when the judgment will be delivered.

Owing to the complexity of the application, and the matters raised, it is anticipated that a judgement will not be available for some time, likely several months.

Soon after reserved judgements are handed down they will be published on NSW Caselaw and the Court’s website under judgments. 

  

Contact Details

Lindsay Dunstan

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