Southern Highlands Power Plant Fight Heads to Court

A landmark court case has heard that the cumulative impacts of a series of proposed gas plants in the Southern Highlands are being ignored due to fragmented planning decisions.

A three-day hearing in the Land and Environment Court has been told that the development, proposed by Nakar Property, could have significant effects on the local community and environment. The court is considering an appeal by the developer against a refusal by the Wingecarribee Shire Council for a 16-megawatt gas-fired power plant and battery storage system to power data centres.

On Tuesday, seven community members gave evidence at the site of the development in Moss Vale, urging the court to consider the broader context of the project. Dane Shanahan, an emerging knowledge-holder for the region's traditional landowners, whose Gundungurra name is Mullyang, meaning "eagle", addressed the court.

"Each piece is being presented as small — each piece is being assessed on its own and no-one is looking at the whole," Mr Shanahan told the court.

Mr Shanahan described the appearance of two wedge-tailed eagles in the sky above the open-air court during his testimony as an "ancestral presence".

Gabby Kent, who lives 1 kilometre from the proposed site, also addressed the court, saying:

"The planning processes may be separate, but the cumulative impacts to my family … and my community are not,"

Will McCarthy, whose home overlooks the development, echoed those sentiments:

"At some point the planning system needs to stand back at look at the development as a whole,"

The court heard that the applicant had submitted an amended plan for the development, which included changes such as painting exhaust stacks green to address visual amenity, and adding some onsite solar power generation.

However, Mr Shanahan raised concerns about the lack of consultation with Gundungurra people during the development application's Aboriginal Heritage Assessment:

"It is as significant to the Gundungurra as Genesis is to Christians," he said. "The applicant has proposed to reshape an ancestral waterway without asking the people [whether] it will scar."

Jacqueline Duc expressed concerns about the health impacts of pollutants, stating that carcinogens from gas power-plants had been linked to lung and childhood cancers. She also raised concerns about the project being located within the Sydney water catchment.

The court will continue to hear from the applicant's attorney and the council's representative in coming days.