NSW solar farm gets approval despite objections
A solar farm planned on grazing land on the NSW/ACT border has enraged residents, who have questioned the corporate character of the developer.
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The sluggish rollout of large-scale renewables in NSW looks set to pick up with a second contentious project winning final planning approval this week, despite objections from high-profile residents and questions over the corporate character of the developer.
The Independent Planning Commission’s approval on Wednesday of a 182,000-panel solar farm on a 393ha site in the vineyard and farming hamlet of Wallaroo, adjacent to the ACT/NSW border, comes days after it gave the nod to the controversial Hills of Gold wind farm near Nundle in the New England region.
In both cases, the local councils objected to the projects, with the Yass Valley Council arguing that the Wallaroo solar farm was an “industrial activity” that clashed with the area’s rural character and intruded on a 5km buffer along the state border established to preserve the area’s landscape values. The solar farm will be about 750m northwest of the ACT suburbs of Dunlop and Macgregor and 1km south of Wallaroo.
The decision was a bitter blow for residents who enjoy views over vineyards, farms and rolling hills to the Brindabella Range. Local residents and business owners including award-winning winemaker Nick O’Leary, former Brumbies rugby union star Lachlan McCaffrey and former ACT attorney-general William Stefaniak all objected, complaining about lack of consultation, and impacts on traffic, tourism and views.
Concerns were also raised over the suitability of a key player behind the project, Daniel Adin Flynn, a former director of Wallaroo Solar Farm, who was disqualified by ASIC from managing corporations for 3½ years in 2020 in connection with five failed companies that operated in the solar industry.
The regulator found he failed to lodge Australian Taxation Office documents for all five companies, such as BAS and income tax returns, and failed on numerous occasions to assist liquidators.
The 100MW Wallaroo Solar Farm is a joint venture between New Energy Development and Spanish/Japanese company Univergy International.
Mr Flynn, whose LinkedIn profile says he is a “renewable energy advocate” for New Energy Development, was described as “CEO” when he signed an official document on behalf of Wallaroo Solar Farm in 2021 while he was disqualified.
ASIC records Mr Flynn as being a director of New Energy Development until his disqualification in October 2020.
A woman named Prudence Flynn is now listed as a director of that entity along with Wallaroo Solar Farm.
ASIC has confirmed it is aware of the latest concerns and residents have written to NSW Premier Chris Minns asking what probity checks are done on developers of state-significant projects.
The IPC said the NSW planning system assesses the use of land, not the user, so there is no fit and proper person test for the commission to apply.
A developer’s corporate character and history of compliance are “legally irrelevant considerations,’’ the judgment said.
New Energy development manager Ben Cranston said on Thursday Wallaroo Solar Farm was “aware of the difficulties faced by Mr Flynn in 2020 and 2021.” He said Mr Flynn received legal advice in 2020, during his period of his appeal against the ASIC action, that he could remain a senior executive reporting to the executive directors of the company.
“Regardless of his job title, the directors of WSF authorised Mr Flynn to sign the EPBC proposal in 2021 during the period of Mr Flynn’s appeal,’’ Mr Cranston said. “The form is legally compliant and in effect.
“Resulting from the final decision rendered in the ASIC action, Mr Flynn resigned as an employee of WSF,” he added
A spokesperson for ASIC said disqualification remains in full effect up to the hearing of any appeal and can be set aside only with a successful stay application, which did not occur in this case.
Local resident Ben Faulks said the planning decision was a disappointment for residents who would now look to legal options in the Land and Environment Court.
He said questions to the government over what probity checks were done on developers went unanswered, with Mr Minns referring his letter of complaint to Planning Minister Paul Scully, who hadn’t responded.
The federal government has made little progress on a renewables developer rating scheme, a key recommendation from a February review of community engagement by then energy infrastructure commissioner Andrew Dyer to encourage best practice and select reputable developers for new projects.
In March, state energy and climate ministers committed to “working together on options for a national developer rating scheme” and pledged to establish a reference group. It is believed the group met in August.
Mr Cranston said in a statement that Wallaroo Solar had consulted with the community and agencies on both sides of the border for several years and had refined the project to minimise impacts: “Our door is always open to the community, particularly in relation to misinformation.”
The IPC received 113 objections to the project and 36 in support. Community resistance holds little weight with the IPC, which has in recent months cleared a flurry of projects held up by local opposition.
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