REQUEST FOR EXTENSION TO PLANNING
APPROVAL – BADGINGARRA WIND FARM
Location: Lot 3850, 3755, 51, 3745, 3704, 50, 3747, 3754, 3753,
3748, 1651, 3774, 3742, 3743, 3744, 3738, 3739 in Badgingarra Locality
Applicant: APA
Group
File Ref:
Development Services App / Development Application / 2012 / 60
Disclosure of
Interest: None
Date: 11 October
2014
Author: Barbara
Macaulay, Planning Officer
Signature of Author:
Senior Officer:
Ian Rennie, Deputy Chief Executive Officer
Signature of Senior Officer:
PROPOSAL
The applicant is seeking a further extension of 2 or 3 years
to the period of planning approval for the Badgingarra Wind Farm (scheduled to
lapse on the 19 December 2014) to the 19 December 2016 or 2017.
The reason for the delay in carrying out the approved proposal
is provided below:
“As with our previous extension, the project has continued
to experience a major delay to its critical development path mainly due to the
delays experienced by Western Power to obtain the relevant approvals for the
construction of its 330 kV Midwest Transmission Line project. Western Power has
commenced construction of the Mid West Energy Project - Stage 1 (Southern
Section) and is expecting to complete this stage by the end of 2014. This will
enable the connection of the Badgingarra Wind Farm”.
A copy of the 2012 planning approval and 2013 amended
planning approval is provided in the Attachments along with the formal letter requesting
an extension of planning approval.
BACKGROUND
At its meeting on the 12 December 2008, Council granted conditional
planning approval for the Badgingarra Wind Farm for a period of two (2) years.
In 2010 an extension to planning approval was granted on 11 November for a
further two (2) years with an additional 6 conditions added to the 2008
planning approval. At its meeting on the 18 April 2013 Council considered
amendments to the proposed development due to improvements in wind turbine technologies.
The variation resulted in a new design and more efficient turbine but an
increase height to the tip of the turbine to 140 metres. The Council resolved
at this meeting to approve the proposal subject to the conditions imposed in
2008 and 2012 as stated:
1. The proponents shall (prior to the erection of wind
turbine generators) provide notification to the RAAF Aeronautical Service of
the location and height details of the wind turbine generators;
2. The proponents shall (prior to the erection of the wind
turbine generators) provide notification to Air Services Australia of the location
and height details of the wind turbine generators;
3. The proponents shall (prior to the erection of wind
turbine generators) provide notification to CASA of the location and height
details of the wind turbine generators;
4. The access points onto the subject land and any road works
shall be located and constructed to the satisfaction of the Manager of
Technical Services and Works and include all necessary drainage and signage.
Costs applicable to the construction of the access points onto the site and any
related issues shall be borne by the proponents;
5. Access to the proposed development will only be allowed along
Cadda Road and Yerramullah Road. The proponents will be required to undertake
routine maintenance works on Cadda Road (from the Brand Highway to Munbinea
Road) and Yerramullah Road (from Cantabilling Road to the intersection with
Bibby Road) for the duration of the construction phase.
The cost of the routine maintenance will be determined on a shared basis with the Shire (to be agreed prior to the commencement of the project based upon forecast traffic volumes). Any costs associated with required upgrades needed before development of the Wind Farm occurs shall be to the satisfaction of the Manager Technical Services and Works and be at the cost of the proponents;
The cost of the routine maintenance will be determined on a shared basis with the Shire (to be agreed prior to the commencement of the project based upon forecast traffic volumes). Any costs associated with required upgrades needed before development of the Wind Farm occurs shall be to the satisfaction of the Manager Technical Services and Works and be at the cost of the proponents;
6. The proponents in conjunction with the Shire of
Dandaragan shall commission a Road Condition Report prepared by a recognised
engineer (agreed to by both parties) prior to the commencement of the project.
The Road Condition Report shall, at least but not be limited to, identifying
the following issues;
a) Suitability of the existing pavement strength (in wet and
dry conditions) to cater for the proposed haulage loads and traffic volumes;
b) Suitability of the existing horizontal and vertical
alignments to cater for the proposed haulage loads and traffic volumes; and
c) Identify and provide plans and costings for any required upgrade
works to the existing road network to make it suitable for the proposed haulage
loads and traffic volumes.
The costs associated with the preparation of the Road Condition
Report and any road works identified in the Road Condition Report shall be
undertaken at the cost of the proponents prior to any works commencing onsite;
7. The Shire of Dandaragan requires Cadda Road (from the Brand
Highway to Munbinea Road) and Yerramullah Road (from Cantabilling Road to the
intersection with Bibby Road) to be in no lesser standard at the end of the
construction phase as they were prior to the development commencing. A
photographic record of the condition of the subject roads shall be prepared
prior to commencement of the project;
8. The proponents shall provide a Traffic Management Plan to
Main Roads WA and the Shire of Dandaragan prior to the commencement of
construction. The Traffic Management Plan shall address;
·
Transportation of materials to the project site;
·
Obtaining the necessary written approvals /
permits from Main Roads WA Heavy Vehicle Operations Branch; and
·
The transport of all divisible and indivisible
loads and acquisition of necessary permits for transport of these loads.
9. Following the submission of the development application,
if the proponents propose changes resulting in significant additional environmental
impact in the opinion of the Shire of Dandaragan, these changes shall not be
undertaken without prior consultation with the Shire of Dandaragan and the Environmental
Protection Authority Service Unit;
10. The proponents are required to obtain a Clearing Permit
in accordance with the provisions of the Environmental Protection (Clearing of
Native Vegetation) Regulations 2004 in the case of any proposal to clear
existing remnant native vegetation on the site to the satisfaction of the
Department of Environment and Conservation;
11. The Wind Farm shall comply with the South Australian Environmental
Protection Authority “Wind farms environmental noise guidelines (interim)”
dated December 2007 and relevant sections of the Western Australian
Environmental Protection Authority “Guidance of the Assessment of Environmental
Factors Environmental Noise Draft No 8” dated May 2007;
12. Noise from the operational Wind Farm shall not exceed 5dB(A)
above the background noise level or 40dB(A) (using a 10 minutes LAeq),
whichever is the greater, at existing residences inside the development
envelope;
13. Noise from the operational Wind Farm shall not exceed 5dB(A)
above the background noise level or 35dB(A) (using a 10 minutes LAeq),
whichever is the greater, at existing residences outside the development
envelope;
14. The background noise limits for the proposed development
are to be based on the pre-recorded background noise measurements. (Refer to
Table 5 of the development application.);
15. The proponents shall develop and implement a post construction
noise monitoring program at the noise sensitive receptors listed in Table 5 of
the development application to assess compliance of the operational Wind Farm
with the noise limits. The post-construction noise monitoring program shall be
conducted at the same time of year as when the background noise measurements
were recorded. Results of the program shall be forwarded to the relevant
authority
16. Prior to the commencement of construction, the
proponents shall commission third party noise modelling studies (in accordance
with planning consent condition number 11) to demonstrate the final Wind Farm
design complies with the noise limits outlined in this approval. The intended
noise modelling methodology shall be discussed with the Department of
Environment and Conservation Noise Branch, at the appropriate time;
17. The proponents shall develop and implement a bird
mortality monitoring program within 12 months of commencement of Wind Farm
operations. The program shall be developed in consultation with the Department
of Environment and Conservation (DEC) and / or the WA Museum. Results of the program
shall be forwarded to the Shire of Dandaragan;
18. The proponents shall develop and implement an annual monitoring
program for Carnaby’s Black Cockatoo (Calyptohynchus latirostris) bird strike,
foraging and roosting (including any avoidance) behaviour, with reporting to
the Commonwealth Department of the Environment, Water, Heritage and the Arts.
The WA Museum (Mr Ron Johnstone or his nominated appointment) is to be
consulted in developing appropriate surveying methodologies for Carnaby’s Black
Cockatoo. The duration of this monitoring will be defined during the
development of the program and subject to review, based on findings during the
first two years' monitoring;
19. The proponents shall provide road signage to the
specification and satisfaction of Main Roads WA and the Shire of Dandaragan;
20. The proponents shall submit a Drainage Management Plan
for internal access roads for the endorsement of the Manager Technical Services
and Works and a Drainage Management Plan where any impacts occur externally to
the properties contained within the application;
21. A display panel designated to the Badgingarra Wind Farm shall
be included in the existing Viewing Area Information Stand at the Emu Downs
Wind Farm;
22. The proponents shall ensure sufficient clearance is
maintained from Western Powers’ existing and planned transmission and distribution
lines and associated facilities to the satisfaction of Western Power;
23. The proponents shall provide landscaping to screen
buildings to a similar standard as was planted at the Emu Downs Wind Farm;
24. Any leasehold arrangements exceeding 20 years for part
lots are to be referred to the Western Australian Planning Commission for
approval;
25. The submissions / objections lodged by the Department of
Industry and Resources, Image Resources NL and Jurien Industrial Minerals Ltd
being withdrawn and that Council be indemnified against any possible action
from these organisations with regard to granting of planning approval, prior to the commencement of any on site
works;
26. Decommissioning of the above ground plant and equipment (excluding
concrete pads; footings; and in-ground cables) on the subject land will
commence within a period of 12 months from termination of operations and be
completed within a time period of the satisfaction of the Shire of Dandaragan.
This will occur following submission by the proponents of a plan outlining the
process of decommissioning;
27. Planning consent is granted for a maximum period of two years
from the date of this approval during which time the development must be
substantially commenced;
28. The proponent is advised that planning approval is not a
building licence. A building licence must be formally applied for and obtained
from Building Services before commencement of any site and / or development
works;
29. Prior to the commencement of construction, the proponent
shall commission detailed archaeological and ethnographic surveys, compliant
with Aboriginal Heritage Act (1972) dated September 2011, over areas of
proposed infrastructure;
30. Prior to the commencement of construction, the proponent
shall make arrangements in consultation with the South West Aboriginal Land and
Sea Council for any required Aboriginal heritage monitoring;
31. prior to the commencement of construction, the proponent
shall provide and implement a Fire Management Plan that addresses the impacts
of the Wind Farm through the construction phase to operation, approved by
Council and Department of Fire and Emergency Services of Western Australia;
32. All fencing shall be of rural construction such as open
post and rail or post and wire, to the satisfaction of the Shire;
33. prior to the commencement of construction, the proponent
will consult with landowners on the location of known weed infestations and
will implement measures, as agreed with landowners, and in accordance with any
relevant regulation under the Bio-security and Agriculture Management Act 2007 and
measures recommended by the Western Australian Department of Food and
Agriculture; and
34. The proponent shall prior to commencement of
construction, implement necessary strategies to mitigate an future noise non-compliance
that may arise from the construction or operation of the Wind Farm.
Redgum Village Events
Redgum Village Events
COMMENT
The request for a 2 or 3 year extension to the current
Badgingarra Windfarm planning approval is considered legitimate based on the statement
of justification provided in the letter. The delays are mainly due to the
delays experienced by Western Power to obtain the relevant approvals for the
construction of its 330kV Midwest Transmission Line Project. Construction has
now commenced on the project with stage 1 expected to be completed by the end
of 2014.
Western Power has indicated it will offer Badgingarra Wind
Farm a preliminary Access Offer in February 2015 and a final Access Offer in
January 2016. The proponent is reasonably confident the project will commence
construction within two years however, the preference is for a three year
extension.
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.
Since the original approval was given 6 years ago, there have
been some agency name changes and in February 2014 the Environmental Protection
Authority release Bulletin No.21 ‘Guidance for wind farm developments’. It is
recommended the conditional planning approval is updated to reflect these minor
changes. It is recommended that Council grant only a two year extension in case
changes occur during this time period.
APA Group held a Badgingarra Wind Farm landowners meeting on
Tuesday 30th September and support for the project remains strong amongst
landowners. Given there are no changes to landowners nor the proposed development
it would be reasonable to approve the proposal subject to the conditions
imposed in 2008 and 2012 with the slight modifications mentioned previously.
CONSULTATION
The proponent has provided with its written request for
extension continuing support by landowners. Therefore, it is not considered necessary
for further public consultation be undertaken at this time.
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 for an extension of the term of planning approval at any time prior
to the expiry of the approval period in Clause 10.5.1”
·
Planning Bulletin 67 – Guidelines to Wind Farm
Development
POLICY IMPLICATIONS
There are no policy implications relevant to this item.
FINANCIAL
IMPLICATIONS
A planning application fee to the value of $15,750 shall be
paid by the applicant, being 50% of the planning application fee to validate
the extension of the planning approval.
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 are the following items relevant
to this report:
·
A copy of the 2012 Planning Approval (Doc Id:
9524)
·
A copy of the 2013 amended Planning Approval
(Doc Id: 13264)
·
Request for Extension / Transfer of Planning
Approval – Badgingarra Wind Farm Project (Doc Id: 40878) (Marked 9.4.4)
VOTING REQUIREMENT
OFFICER
RECOMMENDATION
That Council 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 12 December 2008 for the Badgingarra Wind-farm resulting in the revised
expiry date of 19 December 2016 subject to the following conditions:
1. The proponents shall (prior to the erection of wind
turbine generators) provide notification to the RAAF Aeronautical Service of
the location and height details of the wind turbine generators;
2. The proponents shall (prior to the erection of the wind turbine
generators) provide notification to Air Services Australia of the location and
height details of the wind turbine generators;
3. The proponents shall (prior to the erection of wind
turbine generators) provide notification to CASA of the location and height
details of the wind turbine generators;
4. The access points onto the subject land and any road works
shall be located and constructed to the satisfaction of the Executive Manager
Infrastructure and include all necessary drainage and signage. Costs applicable
to the construction of the access points onto the site and any related issues
shall be borne by the proponents;
5. Access to the proposed development will only be allowed along
Cadda Road and Yerramullah Road. The proponents will be required to undertake
routine maintenance works on Cadda Road (from the Brand Highway to Munbinea Road)
and Yerramullah Road (from Cantabilling Road to the intersection with Bibby
Road) for the duration of the construction phase. The cost of the routine
maintenance will be determined on a shared basis with the Shire (to be agreed
prior to the commencement of the project based upon forecast traffic volumes).
Any costs associated with required upgrades needed before development of the Wind
Farm occurs shall be to the satisfaction of the Executive Manager
Infrastructure and be at the cost of the proponents;
6. The proponents in conjunction with the Shire of Dandaragan
shall commission a Road Condition Report prepared by a recognised engineer
(agreed to by both parties) prior to the commencement of the project. The Road
Condition Report shall, at least but not be limited to, identifying the
following issues;
a) Suitability of the existing pavement strength (in wet and
dry conditions) to cater for the proposed haulage loads and traffic volumes;
b) Suitability of the existing horizontal and vertical alignments
to cater for the proposed haulage loads and traffic volumes; and
c) Identify and provide plans and costings for any required
upgrade works to the existing road network to make it suitable for the proposed
haulage loads and traffic volumes.
The costs associated with the preparation of the Road Condition
Report and any road works identified in the Road Condition Report shall be
undertaken at the cost of the proponents prior to any works commencing onsite;
7. The Shire of Dandaragan requires Cadda Road (from the Brand
Highway to Munbinea Road) and Yerramullah Road (from Cantabilling Road to the
intersection with Bibby Road) to be in no lesser standard at the end of the construction
phase as they were prior to the development commencing. A photographic record
of the condition of the subject roads shall be prepared prior to commencement
of the project;
8. The proponents shall provide a Traffic Management Plan to
Main Roads WA and the Shire of Dandaragan prior to the commencement of
construction. The Traffic Management Plan shall address;
·
Transportation of materials to the project site;
·
Obtaining the necessary written approvals /
permits from Main Roads WA Heavy Vehicle Operations Branch; and
·
The transport of all divisible and indivisible
loads and acquisition of necessary permits for transport of these loads.
9. Following the submission of the development application, if
the proponents propose changes resulting in significant additional environmental
impact in the opinion of the Shire of Dandaragan, these changes shall not be undertaken
without prior consultation with the Shire of Dandaragan and the Environmental Protection
Authority Service Unit;
10. The proponents are required to obtain a Clearing Permit in
accordance with the provisions of the Environmental Protection (Clearing of
Native Vegetation) Regulations 2004 in the case of any proposal to clear
existing remnant native vegetation on the site to the satisfaction of the Department
of Parks and Wildlife;
11. The Wind Farm shall comply with the South Australian Environmental
Protection Authority “Wind farms environmental noise guidelines (interim)”
dated December 2007 and the Western Australian Environmental Protection
Authority ‘Environmental Protection Bulletin No. 21 Guidance for wind farm developments’
dated February 2014;
12. Noise from the operational Wind Farm shall not exceed 5dB(A)
above the background noise level or 40dB(A) (using a 10 minutes LAeq),
whichever is the greater, at existing residences inside the development
envelope;
13. Noise from the operational Wind Farm shall not exceed 5dB(A)
above the background noise level or 35dB(A) (using a 10 minutes LAeq),
whichever is the greater, at existing residences outside the development
envelope;
14. The background noise limits for the proposed development
are to be based on the pre-recorded background noise measurements. (Refer to
Table 5 of the development application.);
15. The proponents shall develop and implement a post construction
noise monitoring program at the noise sensitive receptors listed in Table 5 of
the development application to assess compliance of the operational Wind Farm
with the noise limits. The post-construction noise monitoring program shall be
conducted at the same time of year as when the background noise measurements were
recorded. Results of the program shall be forwarded to the relevant authority;
16. Prior to the commencement of construction, the proponents
shall commission third party noise modelling studies (in accordance with
planning consent condition number 11) to demonstrate the final Wind Farm design
complies with the noise limits outlined in this approval. The intended noise
modelling methodology shall be discussed with the Department of Environment Regulation
Noise Branch, at the appropriate time;
17. The proponents shall develop and implement a bird mortality
monitoring program within 12 months of commencement of Wind Farm operations.
The program shall be developed in consultation with the Department of Parks and
Wildlife and / or the WA Museum. Results of the program shall be forwarded to
the Shire of Dandaragan;
18. The proponents shall develop and implement an annual monitoring program for Carnaby’s Black
Cockatoo (Calyptohynchus latirostris) bird strike, foraging and roosting
(including any avoidance) behaviour, with reporting to the Commonwealth
Department of the Environment, Water, Heritage and the Arts. The WA Museum (Mr Ron
Johnstone or his nominated appointment) is to be consulted in developing
appropriate surveying methodologies for Carnaby’s Black Cockatoo.
The duration of this monitoring will be defined during the development of the program and subject to review, based on findings during the first two years' monitoring;
The duration of this monitoring will be defined during the development of the program and subject to review, based on findings during the first two years' monitoring;
19. The proponents shall provide road signage to the specification
and satisfaction of Main Roads WA and the Shire of Dandaragan;
20. The proponents shall submit a Drainage Management Plan
for internal access roads for the endorsement of the Executive Manager
Infrastructure and a Drainage Management Plan where any impacts occur
externally to the properties contained within the application;
21. A display panel designated to the Badgingarra Wind Farm shall
be included in the existing Viewing Area Information Stand at the Emu Downs
Wind Farm;
22. The proponents shall ensure sufficient clearance is maintained
from Western Powers’ existing and planned transmission and distribution lines
and associated facilities to the satisfaction of Western Power;
23. The proponents shall provide landscaping to screen buildings
to a similar standard as was planted at the Emu Downs Wind Farm;
24. Any leasehold arrangements exceeding 20 years for part lots
are to be referred to the Western Australian Planning Commission for approval;
25. The submissions / objections lodged by the Department of
Industry and Resources, Image Resources NL and Jurien Industrial Minerals Ltd
being withdrawn and that Council be indemnified against any possible action
from these organisations with regard to granting of planning approval, prior to
the commencement of any on site works;
26. Decommissioning of the above ground plant and equipment
(excluding concrete pads; footings; and inground cables) on the subject land
will commence within a period of 12 months from termination of operations and
be completed within a time period of the satisfaction of the Shire of
Dandaragan. This will occur following submission by the proponents of a plan outlining
the process of decommissioning;
27. Planning consent is granted for a maximum period of two years
from the date of this approval during which time the development must be
substantially commenced;
28. The proponent is advised that planning approval is not a
building licence. A building licence must be formally applied for and obtained
from Building Services before commencement of any site and / or development
works;
29. Prior to the commencement of construction, the proponent
shall commission detailed archaeological and ethnographic surveys, compliant with
Aboriginal Heritage Act (1972) dated September 2011, over areas of proposed infrastructure;
30. Prior to the commencement of construction, the proponent
shall make arrangements in consultation with the South West Aboriginal Land and
Sea Council for any required Aboriginal heritage monitoring;
31. prior to the commencement of construction, the proponent
shall provide and implement a Fire Management Plan that addresses the impacts
of the Wind Farm through the construction phase to operation, approved by Council
and Department of Fire and Emergency Services of Western Australia;
32. All fencing shall be of rural construction such as open post
and rail or post and wire, to the satisfaction of the Shire;
33. prior to the commencement of construction, the proponent
will consult with landowners on the location of known weed infestations and
will implement measures, as agreed with landowners, and in accordance with any relevant
regulation under the Bio-security and Agriculture Management Act 2007 and
measures recommended by the Western Australian Department of Food and Agriculture;
34. The proponent shall prior to commencement of construction,
implement necessary strategies to mitigate any future noise non-compliance that
may arise from the construction or operation of the Wind Farm; and
35. Planning approval for the extension of planning approval
will commence from the date of receipt of the planning application fee to the
value of $15,750
