9.4.3 REQUEST FOR EXTENSION TO
PLANNING APPROVAL - BADGINGARRA WINDFARM
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:
PROPOSAL
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.
BACKGROUND
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
www.sat.justice.wa.gov.au.
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 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.
COMMENT
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.
CONSULTATION
There is no consultation required for this item.
STATUTORY ENVIRONMENT
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¨
POLICY IMPLICATIONS
There are no policy implications relevant to this item.
FINANCIAL IMPLICATIONS
The applicant is to be invoiced for $288, being 50% of the
development application fee.
STRATEGIC IMPLICATIONS
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.
ATTACHMENTS
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)
VOTING REQUIREMENT
Simple majority
OFFICER RECOMMENDATION
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.
