Amendment VC82 – Gone with the wind

On 29 August 2011, the Victorian Government gazetted Amendment VC82 (Amendment) which makes significant changes to Victorian planning schemes in relation to wind energy facilities. These changes build on amendments made by Amendment VC78 in March 2011 (March Amendment) (See our legal update: Winds of change: wind farm amendments to Victorian planning schemes).

The most significant change is the implementation of the Coalition's wind farm election policy to prohibit turbines within 2km of a dwelling.  The prohibition is not absolute and can be lifted where the owner of a dwelling within a 2km radius of any turbine that forms part of a proposed wind energy facility has given written consent.  This builds on the requirement for wind energy facility developers to include a plan in its permit application showing all dwellings within two kilometres of a proposed turbine which was introduced by the March Amendment.