Add Category
In short:
A 5MW solar farm project has been given a planning permit in Victoria's east despite an objection lodged by a neighbouring landholder.
Renewable projects are being fast-tracked and people with objections are unable to appeal decisions to VCAT.
What's next?
AEMO says urgent investment in renewables is needed as coal-fired plants are decommissioned.
When Paul Tabone bought his farm in Gormandale in Victoria's east 20 years ago, it was the view from the top of the property that had him sold.
"I have no-one around me," he said.
"I sit up elevated and I look right out into Mt Baw Baw, the Erica region.
"I have a beautiful view, trees around … I see the whole lot in the distance.
But now he fears that view will be lost because a five-megawatt solar farm project has been given a planning permit for the property next door.
Once complete, the site will host 10,000 solar panels and generate more than 9.5 gigawatt hours' worth of energy.
Mr Tabone said he was approached 18 months ago by BNRG Leeson, the company behind the project, about the proposed solar farm.
"When I learned it was right next to my place, I was shocked," he said.
"I thought, 'What, right next to me? Why would someone want to put a solar farm on good grazing property to start with, and right next to a residential home?'"
Mr Tabone put forward his objection to the state's planning department, which said the permit would include conditions requiring an "updated landscape and visual impact assessment to reduce the visual impacts of the solar farm" on his property.
He was also advised in the letter that the application was exempt from review and could not be appealed to the Victorian Civil and Administrative Tribunal.
For Mr Tabone, it seems like the end of the road.
"It's been a kick in the guts — I'm disheartened," he said.
"I've been thinking, 'Where do I go next?'"
Key infrastructure
The farm at Flynn is one of 20 sub-5MW solar farms under development across Victoria and New South Wales.
BNRG Leeson director Peter Leeson said the projects would form part of the infrastructure needed for the transition to renewables.
"For Victoria, for the stability, affordability, reliability pathway, we need 23GW of new utility-scale wind and solar by 2050," he said.
"So that's a lot of solar-powered generation."
It's a sentiment backed by industry.
In December, the Australian Energy Market Operator (AEMO) published the Draft 2024 Integrated System Plan, which highlighted the urgent need for investment to ensure access to safe, reliable and affordable energy.
AEMO forecasts that all coal-fired power will exit the grid by 2040.
Mr Leeson said the company worked with communities and landholders to ensure impact was minimised through landscape screening, road upgrades, and greater barriers for firebreaks where needed.
"A lot of developers out there really are trying to do the right thing and push really hard for sustainable projects and good community consultations, benefits, and ultimately achieve what we are all trying to do, which is put renewable energy in the system," he said.
No right to appeal
In March, the Victorian government announced its Development Facilitation Program (DFP), which allows for what the government determines to be key projects from priority sectors to be fast-tracked for approval.
Renewable energy projects with 1MW installed capacity or greater can be included in the program and are subject to the same consultation requirements as standard assessments.
But they are exempt from appeals by third parties to VCAT on questions of merit.
In making the announcement, Premier Jacinta Allan said that since 2015 more than one in five applications for renewable energy projects had ended up in VCAT, tying up about $90 billion worth of investment value in renewable energy projects in the pipeline.
"The current system means that important projects can be tied up for years seeking approval," she said.
"It delays construction and deters investment."
Victorian Planning Minister Sonya Kilkenny said "putting renewables in the planning express lane means we can get more projects up and running sooner and provide Victorian households with cheaper and cleaner energy".
But for people such as Mr Tabone it means his only avenue for appeal would be an expensive and lengthy battle in the Supreme Court.
Rubber stamp risk?
By removing an otherwise available legal avenue for appeal, the government has created a grey area which threatens the social licence of getting the community on board with transition, according to a legal expert.
Mimi Marcus is a solicitor and principal at Marcus Lane Group, which specialises in planning and environment law.
She says the DFP is a "blunt instrument" that is controversial.
"By removing the review right for third parties, including council, it is controversial – or if not controversial, unusual – because it flies in the face of that very basic principle that government decisions, all government decisions, irrespective of whether they are, planning decisions or not, will be reviewable," she said.
Given a Supreme Court appeal could be very expensive, Ms Marcus said the changes meant the government effectively got to be its own approver.
"It's very hard to say that decision-making is rigorous without evidence being tested," Ms Marcus said.
"If you take that away, it's a rubber stamp — it can lend itself to being a rubber stamp."
Get our local newsletter, delivered free each Tuesday