The Appellant appealed a Renewable Energy Approval (REA) issued for a 5-turbine wind facility, arguing it would cause serious harm to human health and serious and irreversible harm to the natural environment, and that the REA process violated section 7 of the Charter.
The Tribunal reviewed extensive expert evidence on wind turbine noise, infrasound, and health impacts, concluding the Appellant failed to prove on a balance of probabilities that the project would cause serious harm to human health.
The Tribunal also found no Charter violation due to the lack of an evidentiary foundation for serious physical or psychological harm.
Finally, the Tribunal rejected the environmental claims, finding the project would not cause serious and irreversible harm to bird species at risk or their habitat.
The appeal was dismissed.
