The 10 megawatt (MW) Burrundulla solar project was knocked back by the NSW Land and Environment Court because the project would negatively impact the 'scenic quality' of the area.

The final hearing which took place in December 2023 was the third time the project had been in court after being rejected by the Mid-Western Regional Council. A NSW Government change in December 2022 altered the conditions by which a renewable energy project would be considered.

The court determined that the 25,000 panels in IT Power's project, which were planned to be partially obscured by tree plantings and earth mounds, would change the undulating views over Mudgee farmland.

In the legal proceedings between IT Power and Mid-Western Regional Council, objections from residents included that the proposed solar farm would compromise the supposed aesthetics of the rural backdrop to Mudgee. The applicant's modified strategies to mitigate the visual impact relied on "uncharacteristic landscaping in the form of vegetated earth mounds". Council argued that the development would be an "alien feature" within the existing setting.

In December 2022, it was announced that Mudgee was added to a list of towns across the state that are 'protected' from encroaching renewable energy developments. At the time, Mayor Des Kennedy said it was about protecting the region's tourism potential.

"Our tourism industry is worth over $100 million to our region, so if you start playing around with that, disrupting the visuals of our town, it could be damaging in the long run. As all the greenies will tell you, 'we won't be burning coal forever'. So when those coal mines shut down out there we've got to have some industry - and I see tourism as our industry moving forward in the next 50, 60, 70 years," Cr Kennedy said at the time.

Dubbo MP Dugald Saunders insisted the changes were not motivated by the Burrundulla project.

This change was ultimately the death knell for the project. After the Western Regional Planning Panel refused the development application for the Burrundulla Solar Farm in December 2020, an appeal was lodged by the applicant with the Land and Environment Court against the decision.

A lack of community consultation was also cited as a major factor in the ruling.

"It is clear that she [landscape architect Suzie Rawlinson] relied upon a generic assessment rather than direct engagement with those most affected by the development. Their sense of place has not been sufficiently factored into her assessment in my view," senior commissioner Susan Dixon noted in her judgement.

This appeal has now been dismissed.

The court stated in conclusion that "The excessive scale of the proposed solar arrays, located on a site that is within a low-lying, visually sensitive rural landscape setting adjoining the main entrance corridor to Mudgee, and inconsistencies with the relevant strategic documents, demonstrates the development as proposed is not suitable for the site after a merit assessment under s 4.15 of the EPA Act."