Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27:

1. The substantive proceedings are a Class 1 appeal commenced by an objector to a State Significant Development application.

2. In these proceedings Hills of Gold Wind Farm Pty Limited (Second Respondent) has filed two Notices of Motion seeking orders that the proceedings be dismissed and a review of a decision of a Registrar of this Court.

Facts

3. On 9 September 2024, the Independent Planning Commission (First Respondent) approved the Second Respondent's State Significant Development Application SSD-9679 for the Hills of Gold Wind Farm (Determination). The Determination approved the construction of 62 wind turbines, transmission infrastructure, a battery storage system, roadworks and associated ancillary infrastructure on a site approximately 60 kilometres southeast of Tamworth.

4. On 2 October 2024, Hills of Gold Preservation Incorporated (HOGPI) appealed the Determination under s 8.8 of the Environmental Planning and Assessment Act 1979 (NSW) (EP&A Act).

5. On 31 March 2025, Senior Deputy Registrar Holm ordered that Tamworth Regional Council (Council) be joined as the Second Applicant under s 8.15(2) of the EP&A Act to the proceedings, with her reasons published in Hills of Gold Preservation Incorporated v Independent Planning Commission & Anor [2025] NSWLEC 1194 (Hills of Gold Preservation).

6. On 17 April 2025, the Second Respondent filed a Notice of Motion (the Competency Motion) seeking the following orders:

1 Time for service of this notice of motion be abridged to 17 April 2025.

2 The First Applicant [HOGPI] be removed as a party to the proceedings pursuant to r 6.29 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR).

3 The First Applicant's [HOGPI] statement of facts and contentions, filed on 15 November 2024, be struck out.

4 In the alternative to orders 2 and 3, the proceedings be dismissed pursuant to r 12.7 or 13.4 of the UCPR.

5 The conciliation conference under s 34 of the Land and Environment Court Act 1979 listed on 24 April 2025 be vacated.

6 The Second Applicant [Council] is to file and serve a notice of motion seeking leave to amend its statement of facts and contentions by 24 April 2025.

7 Such further orders as the Court sees fit.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197a9d884be137309e23a516)

Disclaimer: Curated by HT Syndication.