The applicant, East Durham Wind, Inc., sought judicial review of two municipal by-laws enacted by the Municipality of West Grey that prevented the construction of a provincially approved wind energy project.
The applicant held a Renewable Energy Approval (REA) but required municipal entrance and oversize haulage permits.
The Divisional Court found that the municipal by-laws frustrated the purpose of the REA, which was to facilitate renewable energy projects under the Green Energy Act.
The court declared the by-laws inoperative to the extent of the conflict and ordered the municipality to reconsider the permit applications.
