The land has a site area of about 3,200 ha.  It starts about 3 km south-west of Yarram and extends south and then west to a point that is about 15 km south-west of Yarram.  The surrounding towns are Alberton, Port Albert, and Port Welshpool.  

The Minister issued a notice of decision to grant a permit.  More than 100 individuals opposed to the wind farm have lodged 17 separate applications with the Tribunal seeking review of the Minister’s decision.

VCAT was required to decide whether the permit application was validly made, having regard to the requirements of clause 52.32-3 of the Scheme, and if Synergy Wind failed to comply with those requirements, whether the Tribunal should disregard that failure. 

In the Wellington Shire planning scheme, clause 52.32-3 states that the application must include written consent from all owners within 1km of the turbines. Synergy Wind did not comply with the requirements of clause 52.32-3 and did not include the written consent of the owner of every existing dwelling within one kilometre of a proposed wind turbine in the wind farm.

The effect of the non-compliance is that a permit may not be granted to use or develop the wind farm.

Synergy Wind submits it included the plan and the evidence of consent from the owners of 17 dwellings existing on the date the application was lodged with the Minister.  The Minister was satisfied the consent requirement was met but, according to the submissions on behalf of the Minister, the Minister largely relied on the accuracy of Synergy Wind’s plan and evidence.

Three dwellings on Dawsons Road were within the 1km of the turbines. One dwelling Road was 996m from a turbine, another was within 1 km, and the third dwelling was only 707m from a turbine.

The findings were stated as “In conclusion, the effect of Synergy Wind’s non-compliance with the consent requirement is that pursuant to clause 52.32-3, the whole of the use and development in the permit application is prohibited.

So no Wind Farm at Alberton.