Burrundulla Solar Farm Dismissed

Published on 03 January 2024

The NSW Land and Environment Court has handed down its decision in relation to the 10 megawatt Burrundulla Solar Farm development at Lot 6, 3B Sydney Road, Burrundulla, following a court appeal by the applicants.

After the Western Regional Planning Panel refused the development application for the Burrundulla Solar Farm in December 2020, an appeal was lodged by the applicant with the Land and Environment Court against the decision.

This appeal has now been dismissed.

In the legal proceedings between IT Power and Mid-Western Regional Council, objections from residents included that the proposed solar farm would compromise the aesthetics of the rural backdrop to Mudgee. The applicant’s modified strategies to mitigate the visual impact relied on “uncharacteristic landscaping in the form of vegetated earth mounds”. Council contended that the development would be an “alien feature” within the existing setting.

The court stated in conclusion that “The excessive scale of the proposed solar arrays, located on a site that is within a low–lying, visually sensitive rural landscape setting adjoining the main entrance corridor to Mudgee, and inconsistencies with the relevant strategic documents, demonstrates the development as proposed is not suitable for the site after a merit assessment under s 4.15 of the EPA Act.”

The Land and Environment Court dismissed the appeal on 28 December 2023.