Russell and Ors v. Surf Coast Shire Council and Anor

Several dozen local residents challenged approval of a wind farm on various grounds—procedural, noise-related, related to cultural heritage, and others. The Tribunal considered each and ultimately rejected them, concluding that the public’s interest in various features of the landscape where the turbines would be sited was outweighed by the turbines’ contribution to the country’s supply of renewable energy. Notably, the tribunal also considered and rejected the argument that the turbines’ low capacity factor (relative to a baseload generation facility) weighed against the premise that they contributed to the public’s interest in renewable generation.