Public Interest Wins: Residents' Appeal Against Wallaroo Solar Farm Approval Dismissed | Region Canberra
A court has dismissed an appeal against the approval of a 100 megawatt (MW) solar farm and battery storage facility on the ACT's northern approaches, rejecting claims that it will damage the rural character of the land and citing the public benefits the project will bring.
The decision has sparked mixed reactions, with opponents expressing disappointment and considering further legal avenues. Nearby landholders Ben Faulks and Johnny Roso had challenged the NSW Independent Planning Commission's 2024 approval of the Wallaroo Solar Farm, arguing that the development would affect the scenic quality and rural character of the surrounding land, as well as the views of local landowners and thousands of ACT residents.
They also contended that the use of the site for renewable energy development was inconsistent with the Yass Valley Settlement Strategy 2036, including its ban on large-scale development within 5 km of the ACT-NSW border. Concerns were raised about chemicals leaching into the ground and increased fire risks.
However, Commissioner Susan O'Neill, who visited five properties near the site, including the applicants', did not agree. She accepted expert evidence that the 165.45-hectare site was located in a highly modified, low- to medium-value agricultural landscape, and that large-scale solar energy developments were not inconsistent with maintaining a rural character.
"We are accustomed to seeing renewable energy projects on farmland, and large-scale renewable energy projects within rural and natural landscape settings," Commissioner O'Neill said. The development was also deemed not incompatible with rural activities such as grazing.
She ruled that being able to see a solar array, or parts of one, was not in itself a visual impact. "The proposed development does not obstruct views, but introduces a new element into the view and onto the existing topography of the site," Commissioner O'Neill said, rejecting comparisons with industrial development.
"I am satisfied that the proposed perimeter planting, coupled with the existing vegetation in the landscape, will adequately soften the view of the solar array from the north and east of the site," she added.
ACT residents in the suburbs of Dunlop and McGregor would only see a "band of darkened area... obscured in places by existing vegetation and mitigation perimeter planting." Commissioner O'Neill also clarified that the Yass Valley Settlement Strategy was designed to limit urban sprawl within the 5 km buffer zone, not a renewable energy project, which will not be built on residential land.
She ruled that approving the solar farm was in the public interest as it would reduce greenhouse gas emissions and preserve traditional energy resources for future generations. It would also create jobs and provide community and economic benefits to the region.
The site's proximity to transmission lines made it suitable for the development. Mr. Faulks expressed disappointment, emphasizing the lack of consideration for the impact on communities surrounding renewable projects. He mentioned that they have further legal avenues to pursue.
The proposed development will take up half of the site and is expected to power about 48,000 NSW and ACT homes. Construction is anticipated to take 12 to 18 months, creating up to 200 construction jobs and five operational jobs. The $170 million proposal from New Energy Development and Univergy International attracted 100 submissions, mostly against, including from prominent winemaker Nick O'Leary.
