An environmental group has lost its appeal of Antigonish County council’s decision to rezone land for a proposed wind farm.
The Eco Awareness Society failed to file an appeal within the requisite time, Nova Scotia Supreme Court Judge Heather Robertson ruled in a decision released Thursday.
The dispute started after county council approved the rezoning of nine properties in February. The rezoning opened the door for Shear Wind Inc. of Bedford to proceed with the $150-million Glen Dhu wind power project with 30 turbines along the boundary of Antigonish and Pictou counties.
“This is a good example where the statutory decision makers should have finality in the public decision-making process,” Robertson wrote.
“The community, the government officials, as well as the developers, should be entitled to understand the finite time lines that apply, without fear of interference months after the decision through a further judicial review.”
She further noted that the evidence presented showed a development officer carrying out his duties with a “recognized expertise.”
Shear Wind has proceeded with the project. The company has installed nine wind turbines near Baileys Brook, Pictou County, and will begin delivering green electricity next week.
The company wants to install 14 turbines in Antigonish County and the remainder near Baileys Brook.
Under a contract signed in 2008, Shear Wind must provide NSP with 20 megawatts of wind-generated electricity, enough for almost 6,000 homes, by the end of December.
Last year, the Bedford renewable energy company had to forfeit a $500,000 performance deposit to Nova Scotia Power after failing to deliver electricity to the utility by the end of 2009.
Shear Wind was unable to secure enough financing until late last year, when Spanish conglomerate Inveravante bought a 62 per cent stake in Shear Wind for $27 million.
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