Westlink Pty Ltd v Lockyer Valley Regional Council

In the case of Westlink Pty Ltd v Lockyer Valley Regional Council, the applicant sought approval for the development of a natural gas-fired electric power station in a rural area near Gatton. The respondent, Lockyer Valley Regional Council, objected to the proposal on the basis that it would be inconsistent with the purpose of the zone and conflict with the overall outcome desired for the rural landscape character. The case was heard in the Queensland Planning and Environment Court.

The primary legal issue the court had to address was whether the proposal would conflict with the purpose of the zone and the desired rural landscape character, and whether the proposal was viable and aligned with the South East Queensland Regional Plan 2009-2031. The court also considered the need for the proposal to meet peak hours demand in South East Queensland for electricity and the use of relatively clean fuel.

The court found that, while there was a minor conflict with the desired rural landscape character, the need for the proposal was established and it would assist in meeting peak hours demand for electricity in South East Queensland. The use of relatively clean fuel and the location were also favourable. The court held that the proposal was viable and aligned with the Regional Plan. The court further noted that the falling overall demand for electric power was a relevant consideration. The appeal was allowed, with conditions to be determined to govern the development approval and manage its impacts.