Wind Energy and Adverse Visual-Impact Litigation: A Balance of Global and Local Interests?
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Wind energy is one of the world’s fastest growing forms of energy. It has many advantages over traditional forms of energy. However, visual impact is a disadvantage. Although planning applications for wind-farm developments are on the rise worldwide, the visual impact of potential developments repeatedly provokes opposition to new wind-farm projects. Litigation aimed at enjoining the construction of wind-energy facilities can slow wind-energy development and increase its cost. This article takes a comparative approach to such visual-impact litigation, looking at cases from Australia, New Zealand, and England in order to understand why planning cases are much more likely to succeed in some jurisdictions than others. I argue that in some jurisdictions decision-makers and courts are impliedly prioritizing the global, national, and local interests in favour of wind-farm development over the national and local interests in favour of landscape and visual-amenity protection.
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12
Planning and Environment Act 1987, No. 45 of 1987 (Victoria).
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16
Planning and Environment Act 1987, s 96E.
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26
Planning and Environment Act 1987, section 97B.
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53
Resource Management Act 1991, 1991 No. 69 (New Zealand).
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61
Resource Management Act 1991, subsections 6(a) and (b).
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63
Resource Management Act 1991, sections 120, 121 and 148V.
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70
Resource Management Act 1991, section 104D.
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79
Resource Management Act 1991, section 6(b).
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81
Resource Management Act 1991, s 6(b).
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92
Resource Management Act 1991, section 7(j).
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96
Town and Country Planning Act 1990, 1990 c. 8 (United Kingdom).
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98
Planning Act 2008, sections 14 and 15.
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Wind Energy and Adverse Visual-Impact Litigation: A Balance of Global and Local Interests?
In: Climate LawSearch for other papers by Natalie Jones in
Current site
Google Scholar
PubMed
Wind energy is one of the world’s fastest growing forms of energy. It has many advantages over traditional forms of energy. However, visual impact is a disadvantage. Although planning applications for wind-farm developments are on the rise worldwide, the visual impact of potential developments repeatedly provokes opposition to new wind-farm projects. Litigation aimed at enjoining the construction of wind-energy facilities can slow wind-energy development and increase its cost. This article takes a comparative approach to such visual-impact litigation, looking at cases from Australia, New Zealand, and England in order to understand why planning cases are much more likely to succeed in some jurisdictions than others. I argue that in some jurisdictions decision-makers and courts are impliedly prioritizing the global, national, and local interests in favour of wind-farm development over the national and local interests in favour of landscape and visual-amenity protection.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 621 | 86 | 6 |
| Full Text Views | 246 | 2 | 0 |
| PDF Views & Downloads | 100 | 8 | 0 |
