In the confidential section of its Meeting, Council found that the Bald Hills Wind Farm had caused nuisance to some of its neighbours.
The resolution – in part – reads as follows:
Council is satisfied that there exists a nuisance of the kind alleged by the complainants, for the following reasons:
A. The credible and consistent character of the noise logs provided by the complainants and/or the complaints made by the complainants about sleep disturbance and the injury to their personal comfort;
B. The conclusions of the Smith Report; and
C. The weight of the other evidence presented to Councillors suggests the existence of a nuisance.
But notes that the nuisance exists only intermittently.
Mayor of South Gippsland Shire, Cr Don Hill was pleased that Council had made a decision on the matter.
“Council has had to digest an enormous amount of material; specialist reports, legal advice, for example, over a long period of time and at all times Council has been aware of its responsibilities under the various Acts to come to a decision that is supported by the data. Council has considered this matter at length and did not come to its decision lightly,” said the Mayor.
Council has written to the lawyers representing both the operator and the complainants, with approval to release the decision to the public once complete. It is hoped that the parties will be able to negotiate a mutually satisfactory resolution now that the finding has been made.
A report will come to a future Council Meeting recommending which of the documents pertaining to this decision should be made public.
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South Gippsland Shire Council, 9 Smith St. (Private Bag 4), Leongatha 3953
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