THE director of Yarranlea Solar, Nick Canto, has taken Toowoomba Regional Council to court over the approval of a rival solar farm.
The TRC approved the $200 million, 100MW Yarranlea Solar Farm – situated in Yarranlea, near Pittsworth – in November 2016.
The council subsequently approved a proposal for a 40MW solar farm by proponent Maryrorough Solar on land adjacent to the Yarranlea Solar Farm project in April this year.
In a notice of a appeal filed in the Planning and Environment Court, Mr Canto is seeking to have the Maryrorough Solar development approval overturned.
Mr Canto’s lawyers are arguing the Maryrorough Solar development approval should be refused because it conflicts with Toowoomba Regional Council’s planning scheme “and there are not sufficient grounds to justify approval of the application despite the conflict”.
The appeal argues the proposed Maryrorough Solar project would place additional load on nearby existing infrastructure in the locality, “and will adversely affect the function of the service having regard to the capacity which will be utilised by other approved energy facilities”.
The court documents state the development does not comply with the rural zone code because “the proposed development does not primarily accommodate rural activities and the proposed use is not a consistent use in the zone”.
Flooding is also of concern, with the appeal stating: “it has not been demonstrated that the proposed development does not increase the adverse impacts of flooding within or external to the land”.
Toowoomba Regional Council and Mr Canto were contacted for comment but both declined, citing the ongoing court process.
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