Wind Energy and Adverse Visual-Impact Litigation: A Balance of Global and Local Interests?

in Climate Law
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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.

Wind Energy and Adverse Visual-Impact Litigation: A Balance of Global and Local Interests?

in Climate Law




Planning and Environment Act 1987No. 45 of 1987 (Victoria).


Planning and Environment Act 1987s 96E.


Planning and Environment Act 1987section 97B.


Resource Management Act 19911991 No. 69 (New Zealand).


Resource Management Act 1991subsections 6(a) and (b).


Resource Management Act 1991sections 120 121 and 148V.


Resource Management Act 1991section 104D.


Resource Management Act 1991section 6(b).


Resource Management Act 1991s 6(b).


Resource Management Act 1991section 7(j).


Town and Country Planning Act 19901990 c. 8 (United Kingdom).


Planning Act 2008sections 14 and 15.

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