Solar farm knock back appealed

Developer takes council to court

A GERMAN renewable energy company is appealing against a council decision to knock back a 100MW solar farm on Class A agricultural land.

Juwi Renewable Energy has lodged an appeal in the Planning and Environment Court against Western Downs Regional Council’s October 2018 decision to knock back the planned 100MW solar farm at Chances Plain, outside Chinchilla.

The council refused the development application for the solar farm on the basis that it would result in “the loss of Class A agricultural land”, and that “alternative sites do reasonably exist in the locality and that no overriding need has been established for the development in the public benefit”.

The development was also refused because it would fragment the prime agricultural land, and it conflicted with the overall outcome of the Rural Zone Code, in that the proposal was considered “to result in the fragmentation of Rural Land”.

In a set of reasons filed with the Planning and Environment Court, lawyers for juwi Renewable Energy said the proposed solar farm “does not result in the permanent or long term loss of Class A agricultural land”, and that no suitable alternative sites reasonably exist, and there was an “overriding need” for the solar farm “in the public interest”.

The lawyers also argued that the proposed lease “does not result in fragmentation of Class A agricultural land as no new permanent lots will be created”.

Notwithstanding those reasons, juwi’s lawyers said there was a need for the proposed solar farm, it would provide economic, social and environmental benefits during both construction and operations.

Western Downs Regional Council is defending the matter.