Monday, October 14, 2013


Location:                   Lot 3899 Mullering Road and Lot M454 Dandaragan Road
Applicant:                 Wind Prospect WA on behalf of ME Glasfurd Nominees Pty Ltd (Lot 3899) and                  Kayanaba Holdings Pty Ltd (Lot M454)
Folder Path:             Business Classification Scheme / Development and Building Controls / Registration / Building and Development Applications
Disclosure of Interest:     None
Date:                            11 January 2013
Author:                        Robert Casella, Planning Officer
Signature of Author:
Senior Officer:               David Chidlow, Manager of Planning
Signature of Senior Officer:

The applicant is seeking a further extension of the period of planning approval for the Dandaragan Wind farm (scheduled to lapse on the 14 April 2013) to the 14 April 2015.
A copy of the planning approval is provided in the attachments along with the formal letter requesting an extension of planning approval and original planning application.
At its meeting on the 14 April 2011, Council granted conditional planning approval for two additional temporary wind monitoring towers to form part of the Dandaragan Wind farm for a period of two (2) years. The conditions of approval are as follows:
1. All development shall accord with the attached approved plan(s) and specifications dated February 2011 and subject to any modifications required as a consequence of  any condition(s) of this approval. The endorsed plans shall not be modified or altered without the prior written approval of the Shire; and
2. Approval is granted for two years after the date of erection of the towers after which time the towers are to beremoved. If the application intends to retain one or both of the towers after this time, a new application will be required to be lodged with the Council.

Advice to applicant
·         The applicant is advised to liaise with the Civil Aviation Safety Authority and Royal Australian Air Force in relation to the height and location of the wind monitoring towers.
·         This approval is valid for a period of two (2) years. If the development has not substantially commenced within this period the approval will lapse.
·         The applicant is advised that there is a right or review (appeal) against Council¡’s decision in accordance with the provisions of the Planning & Development Act 2005. In this regard contact should be made with the State Administrative Tribunal on 9219 311 or via website
The proposed sites are on Lot 3899 Mullering Road and Lot M454 Dandaragan Road, Dandaragan, both located east of the Brand Highway. The two properties have a combined area of 1980.8618 hectares (Lot 3899: 1299.7738ha, Lot M454: 692.0880ha) and both used for broad acre and diversified farming.
The masts are to be used to define the wind resources in preparation for the Dandaragan Wind Farms project. The masts will contain anemometers which measure wind speed and direction. On both the subject sites, the approval was for an 80 metre high lattice mast with guy wires. The masts are to be located a significant distance from public view.
The request for a 2 year extension to the Dandaragan Wind farm planning approval is considered legitimate based on the requirements of the Local Planning Scheme.
However, in granting the extension it should be made clear to the proponent that the Council¡¦s decision does not provide an avenue to change any of the current conditions of approval nor afford a right of appeal to the State Administrative Tribunal. The decision merely relates to the period of time upon which construction work must have substantially commenced, generally interpreted as ‘slab on the ground¡¦, or in this instance could mean footings completed for most of wind turbines.
There is no consultation required for this item.
Clause 10.5.2 of the Local Planning Scheme No. 7 states: 10.5.2 “a written request may be made to the local government or an extension of the term of planning approval at any time prior to the expiry of the approval period in Clause 10.5.1¨
There are no policy implications relevant to this item.
The applicant is to be invoiced for $288, being 50% of the development application fee.
Renewable energy projects deemed compatible with surrounding land uses should be encouraged through identification in future strategic planning instruments for the Shire, including any new municipal strategic plan, the Local Planning Strategy and new Local Planning Schemes.
Circulated with the agenda is the following item relevant to this report:
·         Request for Extension to Approval Letter ¡V Dandaragan Wind Farm Project (Doc Id: 10910) (Marked 9.4.3)
Simple majority
That Council:
1. Pursuant to Clause 10.5.2 of the Shire of Dandaragan Local Planning Scheme No.7 grant a two year extension to the planning approval granted 14 April 2011 for the Dandaragan Wind farm (Lots 3899 and M454 in the Dandaragan Locality), resulting in the revised expiry date of 14 April 2015; and

2. That Wind Prospect WA be informed the extension of time to the current planning approval does not alter the conditions of approval nor afford a right of appeal to the State Administrative Tribunal. The decision relates to the period of time upon which construction work must have substantially commenced as determined by the Council.