Residents in Gippsland's Latrobe Valley have challenged a permit to build a wind farm close to their homes, in the Supreme Court of Victoria.
Lawyers representing the Strezlecki Community Alliance argued towns Moe, Morwell and Traralgon were considered one regional city cluster and any wind farm development was legally required to be at least 5km from homes.
Lawyers for former Victorian planning minister Richard Wynne, who approved the 33-turbine project in 2021, argued a 5km buffer zone only applied to regional places Moe, Morwell and Traralgon, and not nearby Newborough, Boolarra, Yinnar, Thorpedale, Delburn and Mirboo North.
"We say it's totally unmeritorious argument to suggest that Moe, Morwell and Traralgon are ... one unified network city," counsel Juliet Forsyth told the court.
Ms Forsyth conceded the law raised issues of fairness.
"Why then, do the people of Moe get the protection and the people of the small town of Thorpedale don't?" she asked.
"There was a decision made to specify certain areas in the planning scheme that get protection and others that don't."
Strezlecki Community Alliance's lawyer Roshan Chaile argued Moe and Newborough constituted a single urban settlement for the purpose of the planning scheme, which in one sentence referred to the two towns as "it".
"And in this respect, there is an element of cherry picking the submissions made on behalf of the defendants," Mr Chalie told the court.
Delburn Wind Farm argued some residential zones were not included in the urban zones which required a minimum distance from wind farm infrastructure.
"That's land ... although zoned for the right purposes, which warrant protection, it's not inside the urban area, although it's in Morwell," Delburn's lawyer Susan Brennan told the court.
"So it's an example of land that although it's zoned in the nominated zone and it's inside Morwell... it's not in the urban area as defined by the plan."
Justice Melinda Richards noted the proximity to residential areas to the site of the Hazelwood coal-burning power station, which closed in 2017.
"I was reflecting overnight that the mine is a lot closer than 5km to to the urban area," Justice Richards said.
Mr Chalie also argued Traralgon, Morwell and Moe were considered as a cluster in the planning scheme at the time an amendment to consider the prohibition proximity was considered.
Ms Forsyth requested counsels produce a joint memorandum of the varying structure plans at different times in question to provide a complete picture.
Justice Richards reserved her decision pending the outcome of the memorandum.
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