Court Hears Cumulative Impacts of Data Centre Gas Plants Overlooked at Moss Vale

Community members tell Land and Environment Court piecemeal planning ignores full scale of development

By LineZotpaper
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A three-day hearing in the Land and Environment Court has begun in Moss Vale, hearing an appeal by developer Nakar Property against Wingecarribee Shire Council's refusal of a 16-megawatt gas-fired power plant and battery storage system. Community members and traditional landowners told the court the cumulative impacts of this and associated projects on the site are being overlooked by fragmented planning decisions.

More than 100 community members gathered at the Moss Vale site for the first day of the hearing, which is considering Nakar Property's appeal. The court heard from seven members of the public.

Dane Shanahan, a Gundungurra knowledge-holder, told the court no Gundungurra people had been consulted for the Aboriginal Heritage Assessment, despite the project's impact on a culturally significant waterway. '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 said.

Local residents Gabby Kent and Will McCarthy echoed his concerns. 'The planning processes may be separate, but the cumulative impacts to my family and my community are not,' Ms Kent said.

Jacqueline Duc raised health concerns linked to carcinogens from gas power plants and noted the project is located within the Sydney water catchment, with tributaries flowing into Warragamba Dam, which supplies most of the city's drinking water.

The developer has secured approval for a separate 14MW gas plant on the site and is also seeking state approval for a 673MW facility. For the current application, an amended plan was submitted proposing to paint exhaust stacks green to address visual amenity and to add some on-site solar power generation. The applicant's lawyer, James Smith, did not question the community speakers. The court will hear from the applicant's attorney and the council's representative, Michael Staunton, in the coming days.

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Analysis

Why This Matters

  • The case tests whether the cumulative impacts of large-scale energy developments can be properly assessed under current piecemeal planning frameworks in New South Wales.
  • A ruling here could influence how data centre energy needs are balanced against heritage, health, and water security concerns.
  • The outcome may set a precedent for Aboriginal consultation requirements in development assessments.

Background

The Land and Environment Court is hearing an appeal by developer Nakar Property against a refusal from Wingecarribee Shire Council for a gas-fired power plant. The plant is intended to power data centres on the Moss Vale site. The developer already has approval for a 14MW plant and is separately seeking approval for a much larger 673MW facility, which community members argue makes a holistic assessment critical.

Key Perspectives

Community and Traditional Owners: Argue that assessing each gas plant application separately obscures the true scale and combined impact of the development, including on cultural heritage, health, pollution, and the Sydney water catchment. Developer (Nakar Property): Has submitted an amended plan with visual and solar improvements. Its full legal case for the appeal is yet to be presented to the court. Wingecarribee Shire Council: Refused the original application, leading to the current proceedings.

What to Watch

  • The court's ruling on whether the single 16MW application should be assessed considering the broader development context.
  • The progress of the separate state government application for the 673MW plant.
  • Any future changes to Aboriginal heritage consultation processes arising from the hearing.

Sources

Checked

12 claims in this story checked against 1 source: 11 supported.

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  1. SupportedThe court heard that cumulative impacts from gas plants proposed for data centres are being overlooked because of fragmented planning decisions.Latest business news: “A court has heard the "cumulative impacts" of a series of gas plants proposed to run data centres in the Southern Highlands are being ignored as a result of fragmented planning decisions.”
  2. SupportedA three-day Land and Environment Court hearing began in Moss Vale on Nakar Property’s appeal of the council’s refusal of a 16-megawatt gas-fired plant and battery system.Latest business news: “Seven community members gave evidence at the site of the development in Moss Vale on Tuesday morning, kicking off a three-day hearing in the Land and Environment Court. The court is considering developer Nakar Property's appeal of a refusal by Wingecarribee Shire Council for one of its projects on the site. The application was for a 16-megawatt gas-fired power plant and battery storage system to power data centres.”
  3. Partly supportedCommunity members and traditional landowners told the court that piecemeal planning overlooks the full scale of the development.Latest business news: “The emerging knowledge-holder for the region's traditional landowners told the court his name meant "eagle" and, as he outlined his community's concerns about the project”
  4. SupportedMore than 100 community members gathered at the site for the hearing’s first day.Latest business news: “More than 100 community members gathered on the site ahead of the Land and Environment Court hearing. ... A crowd of more than 100 community members, Land and Environment Court Commissioner Nicola Targett, and representatives for the council and the applicant gathered in an open field in Moss Vale for the first day of the hearing.”
  5. SupportedSeven members of the public gave evidence at the hearing.Latest business news: “Seven community members gave evidence at the site of the development in Moss Vale on Tuesday morning”
  6. SupportedShanahan said, “Each piece is being presented as small. Each piece is being assessed on its own and no one is looking at the whole.”Latest business news: “"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.”
  7. SupportedShanahan told the court that no Gundungurra people had been consulted for the Aboriginal Heritage Assessment, despite the waterway’s cultural significance.Latest business news: “Mr Shanahan told the court no Gundungurra people had been consulted as part of the development application's Aboriginal Heritage Assessment, despite the cultural significance of a waterway that would be cut off by the project.”
  8. SupportedGabby Kent said, “The planning processes may be separate, but the cumulative impacts to my family and my community are not.”Latest business news: “"The planning processes may be separate, but the cumulative impacts to my family … and my community are not," she said.”
  9. SupportedThe developer has approval for a separate 14MW gas plant on the site and is seeking state approval for a 673MW facility.Latest business news: “Separately, the developer has secured approval for another gas-fired plant on the site, a 14MW facility, and is seeking state government approval for a third, 673MW plant.”
  10. SupportedDuc said the project is in the Sydney water catchment, whose tributaries flow into Warragamba Dam, which supplies most of the city’s drinking water.Latest business news: “She also raised concerns about the project being located within the Sydney water catchment, saying its tributaries eventually flowed into Warragamba Dam, which supplied 80 per cent of the city's drinking water.”
  11. SupportedThe amended plan proposed green exhaust stacks and some on-site solar generation.Latest business news: “That submission included changes such as painting exhaust stacks green to address visual amenity, and adding some onsite solar power generation.”
  12. SupportedThe applicant’s lawyer, James Smith, did not question the community speakers.Latest business news: “The applicant's lawyer, James Smith, did not question any of the community speakers.”

Zotpaper

Written by Harper Lane on the Australia & local desk. Claims checked by Ines Fairley, verification. Read for legal risk by Marcus Hale, legal. Edited by Angus Burke, chief sub.

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