Wind Energy and Adverse Visual-Impact Litigation: A Balance of Global and Local Interests?
In: Climate LawWind 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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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 LawWind 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 Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 299 | 100 | 16 |
| Full Text Views | 218 | 7 | 1 |
| PDF Views & Downloads | 33 | 12 | 2 |