Proposed Solar Photo Voltaic Power Facility

Joint Development Assessment Panel – Proposed Solar Photo Voltaic Power Facility 

LOTS 3899 & 105 MULLERING ROAD, CATABY

 Location: Lots 3899 & 105 Mullering Road, Cataby

Applicant: Wind Prospect on behalf of Trustpower and M Glasfurd Nominees & J Dermer

Folder Path: Development Services Apps / Development Application / 2016 / 40

Disclosure of Interest: None

Date: 9 August 2016

Author: Manager of Planning

Signature of Author:

Senior Officer: Deputy Chief Executive Officer

Signature of Senior Officer:

 PROPOSAL The proponent is seeking planning approval for up to 80 megawatt photovoltaic (PV) solar power generating facility within the proposed Waddi Wind Farm, the solar array will be located on Lot 3899 and is the subject of this planning application. The solar array will feed into a proposed substation located on Lot 105. The substation has current planning approval, however is subject to a current amendment to the wind farm planning approval to relocate onto Lot 105. The application is required to be determined by the Midwest/Wheatbelt (central) Joint Development Assessment Panel (JDAP).

BACKGROUND The planning application is for a solar photovoltaic (PV) facility and associated infrastructure with the capacity of up to 80 MW. The project would be located on land currently used for grazing and / or cropping and located within the boundary of the Waddi Wind Farm project which was issued a planning approval by the Shire of Dandaragan in 2012 and renewed in April 2015. The project would supply energy to the Waddi Wind Farm on-site substation from which energy would be exported to the South West Interconnected System. The main access to the Waddi Solar Plant would be from the Mullering Road using existing farm tracks located on the property and/or accessways constructed as part of the Waddi Wind Farm. New short augmentations to the existing tracks may be required to access the Waddi Solar Plant site. The Waddi Solar Plant would export electricity through a new distribution line (indicatively at 33kV) which would be either an overhead line or underground cable that extends from the solar plant site directly towards the proposed Waddi Wind Farm on-site substation located to the north-west of the solar plant. Located within the proposed solar plant site would be arrays of solar photovoltaic panels totalling up to 80MW in capacity, internal access tracks, underground cables to connect arrays of photovoltaic panels, solar monitoring stations, inverters, an on-site substation, maintenance and control building and perimeter fencing. The proposed 150ha solar plant site is located on a private land title which is 1228ha in area and hosts typical farm residences and infrastructure including outbuildings, sheds, dams, fences and gravel farm tracks. This land title is operated as a farm in connection with other land titles in the region together totalling over 3,400ha. The proposed 150ha solar plant site is mostly cleared of native vegetation as is much of the surrounding land on the host land title. The land is used predominately for livestock grazing, cropping and plantations. Where vegetation does remain, it is limited in extent to isolated patches, scattered trees and linear wind breaks on private land, and linear strips along the Mullering Road reserve. Waddi Wind Farm Pty Ltd has a planning approval to construct up to 12 wind turbines, including all associated infrastructure, on the same land title. The proposed 150 ha solar plant site is adjacent to the Minyulo Nature Reserve to the east and is over 7.7km south-east of Badgingarra National Park. The Minyulo Brook is located approximately 1.1km south of the solar plant site and is both a waterway and a registered Aboriginal heritage site (ID 28326). Other surrounding land is generally cleared agricultural land with patches of remnant native vegetation. The proposed solar plant site is relatively flat with only a 50m variation in elevation across the proposed 150ha site. The soils within the proposed solar plant site consist of sandy gravel. Preliminary investigations have indicated that the ground is suitable for the construction of the proposed solar plant project. The route for the distribution line is cleared of native vegetation except for the Mullering Road reserve where remnant vegetation remains. Clearing of this vegetation will be avoided by use of an overhead line that spans the road reserve. The construction of the proposed Waddi Solar Plant is expected to take between 12 to 15 months and employ up to 100 people at the peak of construction. Timeframes and employment numbers would be proportionately less if the project is constructed in stages. While construction may occur in parallel with the construction of the proposed Waddi Wind Farm, planning approval is sought for construction of the solar plant independently of the Waddi Wind Farm. The project would require approximately 2,200 truck movements to the site however no oversized vehicles requiring escort or modifications to existing road conditions are expected to be  required. A Traffic Management Plan would be prepared ahead of the commencement of construction in consultation with the Shire of Dandaragan and Main Roads WA to confirm transport routes and undertake a road condition survey to facilitate the maintenance of public roads. Once operational it is expected that operations staff would be responsible for maintaining the Waddi Solar Plant. Maintenance of fencing, weed management and other specialist services may be contracted out, locally where possible. The Waddi Solar Plant could be operated for over 20 years with refurbishment occurring as required to facilitate project life of 75 years or more.

COMMENT The subject land is currently zoned ‘Rural’ under the Shire’s Local Planning Scheme No. 7 (LPS7). The adjoining land uses are also zoned ‘Rural’ with the exception of the adjacent lot to the east, Minyulo Nature Reserve, which is reserved for ‘Conservation’ purposes. The proposed PV solar power facility is a use not specifically mentioned in the Zoning Table.

As such the Local Government may:
a) Determine that the use is consistent with the objectives of the particular zone and is therefore permitted;
b) Determine that the use may be consistent with the objectives of the particular zone and thereafter follow the advertising procedures of clause 64 of the deemed provisions in considering an application for development approval; or
c) Determine that the use is not consistent with the objectives of the particular zone and is therefore not permitted;

The objective for the Rural zone is follows; “to provide for a range of rural activities such as broadacre and diversified farming so as to retain the rural character and amenity of the locality, in such a way as to prevent land degradation and further loss of biodiversity.” More specific guidance is provided in the Shire’s draft Local Planning Strategy which was adopted by Council for advertising on 28 July 2016. Previous approvals for solar farms (Emu Downs) have been determined by the Joint Council and Development Assessment Panel as meeting the above objective. The following sections of the draft Local Planning Strategy support such applications;
Table 4: Actions – service infrastructure Action - Assess applications for wind farms and other alternative energy infrastructure, having regard to visual landscape issues  and other relevant matters set out in Planning Bulletin 67 – Guidelines for Wind Farm Development. 5.4.3 Alternative Energy There is significant potential for the Jurien Bay region to become an important area for renewable energy production projects. Wind power generation is already proving to be popular within the Jurien Bay hinterland with several projects in operation or planned. The first WA utility scale solar photovoltaic farm is also been developed north of Jurien Bay confirming the potential for solar power in the region.
There is adequate power generation within the region but the key issue for the shire is the transmission and distribution of power. The investment by energy producers in the shire may encourage energy intensive agricultural or other industries that use significant amounts of energy to locate in the area. In addition, the Rural Planning Strategy 2012 which will be superseded by the draft Local Planning Strategy supported such proposals as stated in Objective 4 of section 7.4.2.1 of the Strategy: “Support appropriate non-rural uses where they are compatible with adjoining and nearby rural uses, environmental attributes and landscape to complement the primary productive use of the land where a site contains remnant vegetation and other environmental features or lacks realistic potential for agricultural use the Council will consider the proposed non-rural uses as the predominant use on its merits.” It is considered that the solar farm will not affect the rural landscape or its agricultural pursuit, as it is comparatively a small portion of the rural lot to be utilised for the project.
The landscape surrounding the proposed solar plant location features numerous existing man-made structures including overhead transmission and distribution lines, the existing Cataby substation, mining operations and associated infrastructure, public roads and farm infrastructure including buildings and fences. An existing planning permit is in place for the development of the Waddi Wind Farm which would include the construction of wind turbines, access tracks, underground cable, an overhead transmission line, an onsite substation and a facilities building, all in the direct vicinity of the proposed solar plant site.
The proposed solar plant would be integrated with the Waddi Wind Farm to create an integrated renewable energy project creating synergies during both construction and operation. The height of the proposed solar plant arrays are less than 3 metres and located on a relatively low lying portion of the land title minimising visibility from surrounding areas. The proposed solar  plant is located over 6km from the Brand Highway, the main arterial road linking Perth to Geraldton, and may therefore be only fleetingly visible by passing traffic through road side vegetation and plantations.
The Walyering Road adjoining the proposed solar plant site to the east and the Mullering Road located 1.4km to the north both host local traffic only and comparatively low traffic movements. Views from these local roads will also be limited and screened by roadside vegetation. The Minyulo Reserve located to the east of the solar plant site appears seldom visited (as evidenced by the condition of the access track) while the vegetation within the reserve is likely to screen the visibility of the proposed solar plant from the east and south. Impact on agricultural use of land the proposed 150ha solar plant site comprises less than 12% of the land title on which it is located and less than 5% of the total farm area owned by the proprietor of the land title. As a relatively small proportion of the overall farm area, the proposed solar plant will not have a significant impact on ongoing agricultural operations. The proposed site for the solar plant was selected to minimise the effects on the use of agricultural land by rationalising land-take areas, positioning the site at the eastern periphery of the land title and in a location that facilitates use of existing farm tracks as well as access tracks that would be constructed as part of the Application for Planning Approval Actions to prevent and control the spread of agricultural weeds and plant disease to uninfested areas would include identification of risk species occurring in the region and potentially infested areas that may be traversed, implementing hygiene procedures where required (such as vehicle blow-down) before entering uninfested sites, sourcing outside materials from low risk sources, monitoring site access tracks to determine any new infestations, and carrying out appropriate remedial actions in the event that an outbreak occurs. Inconvenience to landowners and their normal farming activities will be minimised through consultation and forward planning. The construction project manager will endeavour to work with landowners to determine those periods when certain farming activities must be carried out, and construction activity timing and procedures will be tailored to meet the affected landowner’s needs as much as possible. The landowners will be updated on a regular basis regarding construction activity procedures and programming. The solar plant is proposed for an area with relatively low population density to minimise any potential visual impacts. The location of dwellings most proximate to the proposed solar plant site are shown in Attachment 7 with distances detailed in Table 3 below. Due to the distance between the proposed solar plant site and existing dwellings and with existing screening from land contours, plantations, roadside vegetation and vegetation within Minyulo Nature Reserve, the proposed solar farm is unlikely to be substantially visible from any of the dwellings listed in Table 3
Built structures proximate to the proposed solar plant site include the underground Dampier to Bunbury Natural Gas Pipeline (DBNGP) and Western Power distribution lines, both shown in Attachment 1. The DBNGP is located 1.7km to the north east of the proposed solar plant and will not be impacted by any proposed solar plant infrastructure. The applicant will consult and negotiate with Western Power to ensure there is no unacceptable impact to Western Power infrastructure. Reflection or glare from photovoltaic solar panels is minimal as they are designed to collect and absorb sunlight, not to reflect it. No issues have been identified by aviation stakeholders consulted and it is noted that photovoltaic solar panels are installed at airports in Australia and around the world. The following factors will ensure that the construction and operation of the solar plant project will not create an unacceptable fire management risk: - The proposed solar plant site is cleared farmland. - Cables connecting the PV arrays within the solar plant site will be located underground. - There is very good access to the proposed solar plant site; Given the above information, it is the Planning Officers recommendation that Council support the proposal with recommended conditions to be presented to the Joint Midwest / Wheatbelt (Central) Joint Development Assessment Panel for this application.

CONSULTATION In addition to the Shire advertising and consultation process, the applicant undertook an advertising and consultation process and has advised; Notification of the Waddi Solar Plant proposal inviting comments and further engagement has occurred with key stakeholders including approximately 26 state, federal and local government agencies, 14 private sector organisations, 9 community groups, 10 State and Federal members of Parliament and the owners of all properties involved in and proximate to the Waddi Solar Plant project. Further engagement and consultation occurred with many of these stakeholders. The consultation process commenced towards the end of 2015 and is ongoing.

This notification and consultation has consisted of:

§ Letters addressed to specific stakeholders advising of the proposed project distributed by email and/or mail

§ Newsletter and a fact sheet distributed by email and unaddressed mail to mailboxes at the Badgingarra and Dandaragan post offices;

§ Face-to-face meetings and discussions with some government agencies and interested neighbouring residents;

§ Invitations to the Information Days distributed by email, unaddressed mail to mailboxes at the Badgingarra post office and available on the counter at the Dandaragan post office;

§ Advertising of the Information Days in 4 local publications leading up to the Information Days, and posters displayed at 3 prominent community congregation points (Badgingarra and Dandaragan post offices and Shire of Dandaragan Council) and advertised by the Shire of Dandaragan on their website and Facebook page;

§ The Information Days held at the Dandaragan Community Centre on 14th and 15th April; and

§ Launching of the updated www.waddiwindfarm.com.au website on the 31st March 2016 which contains information about the Waddi Solar Plant. Copies of the newsletter, fact sheet and general correspondence sent to stakeholders are provided in the attachments.

No written stakeholder responses were received specifically in relation to the Waddi Solar Plant project. As recommended in the Environment Protection Bulletin No. 21, consultation has occurred with the Department of Environment Regulation Noise Regulation Branch and the Department of Parks and Wildlife. As the Waddi Solar Plant project progresses, engagement with stakeholders will be ongoing using newsletters, letters, emails, meetings and updates to the website. The Shire of Dandaragan undertook to advertise the proposal to all landowners that had property within 5km of the subject site boundary. This included landowners that had only portion of land within 5km. Advertising commenced on 12 July 2016 until 8 August 2016. A couple of late submissions were accepted as prior notice had been given.

The proposal was also advertised in the local newspapers circulating in the district and to the following government organisations.

§ Department of Water;

§ Wheatbelt Development Commission;

§ Western Power;

§ Western Australian Planning Commission

§ Royal Australian Air Force Combat Support Unit;

§ Main Roads Western Australia;

§ Landgate;

§ Department of Fire and Emergency Services;

§ Environmental Protection Authority;

§ Department of Regional Development State Land Services;

§ Department of Environment Regulation

§ Department of Planning;

§ Department of Lands;

§ Department of Industries and Resources;

§ Department of Health;

§ Department of Parks and Wildlife;

§ Department of Mines and Petroleum;

§ Department of Defence;

§ Department of Agriculture and Food;

§ Civil Aviation Safety Authority;

§ Air Services Australia;

§ Shire Officers. Responses are provided in the Schedule of Submissions in the Attachments.

STATUTORY ENVIRONMENT

§ Local Planning Scheme No 7.

 POLICY IMPLICATIONS

 § SPP 2.5 Land Use Planning in Rural Areas.

§ Western Australian Planning Commission’s (WAPC) Planning Bulletin No 67- Guidelines for Wind Farm Development.

§ There are no local policy implications relevant to this item.

 FINANCIAL IMPLICATIONS The applicant has paid a sum of $34,196 and $6,557 allocated to the Development Assessment Panel.

STRATEGIC IMPLICATIONS

§ Shire of Dandaragan draft Local Planning Strategy

§ Local Planning Strategy - Rural Land Use and Rural Settlement 2012.

ATTACHMENTS

Circulated with the agenda are the following items relevant to this report:

§ Application Volume 1 (Doc Id: 71441)

§ Application Volume 1 (Doc Id: 71442)

§ Schedule of Submissions (Doc Id: 71996) (Marked 9.4.4) Note – documents 71441 & 71442 have been previously circulated at the Council Forum of 28 July 2016

VOTING REQUIREMENT Simple majority

OFFICER RECOMMENDATION / COUNCIL DECISION Moved Cr Scharf, seconded Cr Sheppard That Council advise the Midwest/Wheatbelt (Central) JDAP that it supports development for a proposed 80MW Solar Photovoltaic Facility and infrastructure with recommended conditions at Lots 3899 & 105 Mullering Road, Cataby and recommends the following:

The Wheatbelt JDAP determines that the use “Solar Photovoltaic Facility” is consistent with the objectives of the “Rural” zone and is therefore permitted under section 3.4.2 of the Shire of Dandaragan Local Planning Scheme No.7. The Wheatbelt JDAP approve Department of Planning application reference DAP/16/01072 and accompanying plans prepared by Wind Prospect Pty Ltd dated 1 June 2016 (Revision D) in accordance with Regulation 68 (2) of the deemed provisions Planning and Development (Local Planning Schemes) Regulations 2015 subject to the following conditions:

1. All development shall accord with the Development Application Report prepared by Wind Prospect Pty Ltd dated 1 June 2016 (Revision D) and subject to any modifications required as a consequence of any condition(s) of this approval;

2. The endorsed plans shall not be modified or altered without the prior approval of the Midwest/Wheatbelt (Central) JDAP in accordance with Regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011;

3. This decision constitutes planning approval only and is valid for a period of five years from the date of approval. If the subject development is not substantially commenced within the three year period, the approval shall lapse and be of no further effect;

4. The proponent is to prepare, submit and adhere to a Traffic Management Plan to the requirements Main Roads WA and approval of the Local Government, with all costs met by the proponent including for condition surveys and any costs associated with the design, construction and maintenance (over a specified defect liability period) of identified required upgrades.

5. The Proponent shall prepare a Traffic Feasibility Study and Delivery Method Statement identifying any roads under the care and control of the Shire of Dandaragan that may form part of the transport route for products from the relevant port and / or local manufacturers to the site during the construction period. Any damage caused to that road(s) by the Proponent or the Proponent’s contractors shall be repaired at the Proponent’s expense to the satisfaction of the Shire of Dandaragan.

6. The Proponent shall, at the Proponent’s expense, construct and drain a sealed access driveway(s) from Mullering Road to the property boundary to the satisfaction of the Shire of Dandaragan.

7.The Proponent shall prepare and implement a Management Plan, to the satisfaction of the Shire of Dandaragan, that;

 a) minimises the impact of the approved development on the amenity of the locality due to the transportation of materials to and from the site;

b) details the temporary land uses, the built form of structures and the operation and management of those temporary uses;

 c) addresses the Proponents response to fire and emergency incidents;

d) ensures the use of buildings, works and materials on the site do not generate unreasonable levels of noise, vibration, dust, drainage, wastewater, waste products or reflected light;

e) manages weed and pest nuisances on the site and in the locality; and

f) addresses the post construction operations of the site and the removal of temporary structures;

8. Shire of Dandaragan is to be advised of completion of the solar facility.

 Advice Notes:

1. The Proponent is to liaise with the local school bus operator to ensure these runs are not disturbed due to increased volumes of traffic;

2. The proponent may wish to consider providing greater than minimum fire mitigation strategies to protect against bush fire events;

3. Storage tanks should be fitted with BFB coupling or a standpipe installed to allow for fast flow;

4. Bulk water supply for fire suppression be made available to all Emergency Services within the Shire. Building Protection zones and Firebreaks will have to be adhered to;

5. All designs associated with the proposal are to comply with the requirements of the Civil Aviation Safety Authority (CASA);

6. In relation to condition 4, prior to the commencement of any site work, the proponent is responsible to ensure that the Traffic Management Plan is lodged to Main Roads Mid West-Gascoyne Region for review and subsequently the Local Government for its approval. The Traffic Management Plan shall incorporate a Traffic Statement or Assessment (as appropriate) in accordance with the WAPC guideline, “Transport Assessment Guidelines for Developments” to ensure that impacts to intersections and the Main Roads network are addressed. The Traffic Management Plan shall include the identification of any necessary road upgrading and the provision of a dilapidation survey prior to and at the completion of the development with any damage caused to the road network used by transport vehicles accessing the site to be repaired to the requirements and approval of either Main Roads WA or the Local Government (this being dependent upon the responsible management authority of the relevant section of road reserve). Once the Traffic Management Plan is approved, the proponent from time to time is responsible to ensure that all installations, activities and processes carried out at all times and in all respects are in accordance with the Traffic Management Plan;

7. The Shire will not accept any responsibility for the failure of any pavement constructed by the Proponent within the site;

8. The Proponent is reminded of their obligations under Section 136 of the Planning & Development Act;

9. The Proponent is advised that components of the project identified in this approval are located on an adjoining title and securing long term tenure of that infrastructure is the responsibility of the Proponent;

10. This is planning approval only and a building permit for temporary and permanent structures must be obtained for this development prior to construction commencing; and

11. Should the applicant be aggrieved by this decision, or any conditions imposed, there is a Right to Review under the Planning and Development Act 2005. An application for Review must be submitted in accordance with Part XIV of the Planning and Development Act within 28 days of the date of the decision to the State Administrative Tribunal, GPO Box U1991, PERTH WA 6845. CARRIED 8 / 0

Amendments to Planning Approval

Amendments to Planning Approval  - Waddi Wind Farm 

Location: Multiple properties - WADDI Applicant: Wind Prospect on behalf of Trustpower and Multiple landowners

Folder Path: Development Services Apps / Development Application / 2011 / 15

Disclosure of Interest: None

Date: 9 September 2016 Author: Manager of Planning

Signature of Author:

Senior Officer: Deputy Chief Executive Officer

Signature of Senior Officer:

PROPOSAL The proponent requests approval for the following amendments to the planning approval for the Waddi Wind Farm:

1. Amend the transmission line route for connection of the wind farm into the transmission network. 2. Amend the location of the on-site substation to a location 900m west of the current permitted location and increase the area of the on-site substation from 4ha up to approximately 12ha.
3. Increase the maximum tip height of the wind turbines (the height from ground level to the highest point of the blade tip of each wind turbine) from 152m to 165m.
4. Minor amendments to the wording of existing planning approval conditions.
5. Amendments to the location of accessways and cable routes.
6. Increase the number of permanent wind monitoring masts from two to three.

BACKGROUND This application was considered by Council at the Ordinary meeting held 25 August 2016. The decision of Council was as follows: That the Officers Recommendation not be adopted and to defer Item 9.4.6 pending further information. The Notation was that Council did not adopt the Officer Recommendation as it wanted to seek further information regarding “noise shadowing”. The matter was further discussed at the Council Forum held 8 September 2016 and further information was distributed to Council at this Forum.
Which included:

§ Extract from Senate Enquiry (Doc Id: 72582)

§ Residents noise info sheet (Doc Id: 72435) A planning approval for the Waddi Wind Farm was issued by the Shire of Dandaragan in January 2012.
In April 2015 the Shire approved an application to extend the Waddi Wind Farm planning approval until January 2020.
The proposed Waddi Wind Farm is located approximately 15km north-west of the Dandaragan townsite. The proposed new on-site substation and its access corridor are located on land immediately west and adjacent to the current Waddi Wind Farm project site boundary.
The proposed new transmission line route extends west from the proposed new on-site substation, crossing the Mullering Brook, before extending south-west to follow the route of an existing Western Power owned distribution (SWER) line across the Brand Highway to the existing Cataby substation. Amend the route for connection of the wind farm into the transmission network The original planning approval allowed for a new 19km transmission line route extending south of the project to the Yandin Road before heading west alongside the Mimegarra Road to a purpose built switchyard constructed proximate to the existing transmission network.
It is proposed to amend the transmission line route from the current approved route to an approximately 8 km transmission line route extending west from the project across private and public land to the existing Cataby substation owned by Western Power and located on the west side of the Brand Highway.
The proposed route has been designed to follow existing fence lines before extending south-west to follow the route of an existing Western Power owned distribution (SWER) line across the Brand Highway towards the existing Cataby substation. Following fence lines of cleared farming land minimises impacts to farming practices.
Following the route of Western Power’s existing distribution (SWER) line provides an opportunity to minimise vegetation clearing and other impacts during construction and operation of the proposed transmission line through use of existing accessways created to access and maintain Western Power’s existing distribution line and for fire management purposes. Both the current approved transmission line route and the alternate proposed new transmission line route are shown in the attachments. It should be noted that the majority of poles for the transmission line will be up to 30m in height, although some poles may be up to 40m in height if required, for example, to minimise impacts at the crossing of the Mullering Brook or to satisfy Main Roads clearance requirements in relation to crossing of the Brand Highway.
On-site substation - amend the location and area and other details The on-site substation is a central point of connection of all wind turbines in the wind farm project and where the distribution voltage is transformed to a higher voltage to facilitate connection via a transmission line to the existing transmission network (i.e. the SWIS).
The original planning approval allowed for a new on-site substation to be constructed on Lot 101. It is proposed to amend this to a location approximately 900m west of the current permitted location to a site adjacent to the western boundary of the current project site on Lot 105.
The original planning approval allowed for the on-site substation to be ‘in the order of 200 x 200m (40,000m²)’ (i.e. 4ha). It is proposed to amend this to allow the on-site substation area to be up to approximately 12ha including an access corridor from the Mullering Road.
This amendment is sought to provide additional space to accommodate the proposed uses of the on-site substation area. It is proposed that permanent components of the ‘site compound’ referred to in the planning report (i.e. those components associated with ongoing operations and maintenance) would be located within the on-site substation area while those temporary components of the ‘site compound’ referred to in the planning report (i.e. those components associated with construction) would be located proximate to or within the on-site substation area. Increase the maximum tip height of the wind turbines from 152m to 165m Wind turbine technology has been continually advancing since the original planning approval was issued for the Waddi Wind Farm.
The latest generation of wind turbines available are increasingly exceeding a tip height of 152m. Raising the maximum allowable tip height of the wind turbines at the Waddi Wind Farm will allow for the most modern turbine models to be installed which are generally more efficient, quieter and cost-effective. Updates to the wording of the existing planning conditions Proposed amendments to the wording of existing planning conditions with an explanation for the proposed amendment are detailed in the table below.
The existing planning conditions are provided in full in later in this report Proposed amendments to the wording of existing planning conditions with justification for the proposed amendment.
Approval condition no.
Proposed amendment Explanation 8 The proponent shall notify property owners with land within 5km of approved wind turbine locations of the potential for interference to TV reception from the wind farm and offer residents with a dwelling located within 5km of a wind turbine a preconstruction and post-construction assessment of television reception.
The proponent shall remedy any reception The term ‘nearby’ in the current condition is imprecise and open to interpretation. This amendment clarifies the scope of the pre and post construction assessments for television reception and takes into account the switch to digital TV. problems attributable to the presence of the wind farm at dwellings located within 5km of approved wind turbine locations as at January 2012. 13 Add “or background +5dB whichever is the higher” after the words "exceed 45dB(A)".
Depending on the level of background noise, the limit could otherwise be less for noise sensitive premises located within the wind farm boundary compared with those located outside the wind farm boundary.
20 Replace ‘Department of Environment Conservation’ with ‘Department of Parks and Wildlife. Department of Environment Conservation (DEC) no longer exists. Department of Parks and Wildlife has taken over the relevant functions of DEC. 24 Replace the current condition with “The proponent shall provide an appropriate viewing area and/or information display at appropriate location(s) agreed with Council.” The amendment provides greater flexibility for the Shire to determine what is most appropriate at the time of construction.
25 Add “except where higher security fencing is required for safety and security purposes” after the words "post and wire". Rural construction fencing is not appropriate for all applications and could lead to unacceptable OHS and security risks at locations such as the on-site substation, operations and maintenance compound and temporary construction compounds.
29 Remove this condition in its entirety The proposed amendment to the transmission line route would mean no transmission lines are proposed on the applicable land for the Waddi Wind Farm project. Amendments to the location of accessways and cable routes Flexibility is sought in relation to the location of accessways and underground cable routes between wind turbine locations and the on-site substation in order to provide for lowest impacts and best environmental outcomes. For example, the accessway and cable route to the cluster of six wind turbines located in the north-east corner of the project may be better served on environmental grounds by an alternative route across the small tributary of the Mullering Brook than is currently provided for in the current planning approval. Flexibility is therefore sought in relation to locating the accessway and cable route to this cluster to accommodate the route that will result in lowest impacts.
The best route would be determined at the detailed engineering stage prior to commencement of construction. Such flexibility is sought in relation to all accessways and underground cable routes between wind turbine locations and the on-site substation.
Condition 1 of the original planning approval requires that the land use and development is generally in accordance with the approval plans to the satisfaction of the Chief Executive Officer of the Shire of Dandaragan. The proponent will comply with condition 1 by providing the Shire of Dandaragan with the location of accessways and cable routes for assessment prior to commencement of construction. Increase the number of permanent wind monitoring masts from two to three The original planning approval allowed for the construction of two permanent wind monitoring masts. An amendment to the number of permanent monitoring is sought that increases the number of permanent wind monitoring masts from two to three.
The field of wind monitoring, wind forecasting and the terms and conditions of wind turbine warranties are evolving and this amendment will ensure that the wind resource monitored at the project site post construction can adequately meet its required functions. Confirmation of details of the original planning application and approval If the proposed amendments are approved by the Shire of Dandaragan, the revised wind farm layout would remain indicative only and subject to detailed design within the design parameters of the original planning approval.
Condition 1 of the current planning approval requires the land use and development is generally in accordance with the approval plans to the satisfaction of the Chief Executive Officer of the Shire of Dandaragan.
Condition 1 will be relied upon by the proponent to achieve the following:
1. Development of the project in stages over a number of years with the timing of each stage dependent on market drivers. In this scenario, the final design for each stage would comply with all planning conditions and to comply with Condition 1 of the current planning approval, would be provided to the Shire of Dandaragan for review prior to the commencement of construction of each stage of the project.
2. A given stage of construction would occur continuously but may be broken up into distinct work packages such as civil works; construction of the transmission line; construction of the on-site substation; construction of wind turbine towers, nacelles and blades; etc. It is proposed that compliance with relevant planning conditions could be achieved for each distinct work package (i.e., ahead of compliance for other work packages) to allow that work package to proceed separately to other work packages.

COMMENT The land which is the subject of this application for amendments (which includes all land subject of the original Waddi Wind Farm planning approval) is all zoned as “Rural”, with the exception of the following:
1. The Brand Hwy road reserve;
2. Part of Reserve 27216 (Volume LR3141 Folio 872) which has a public purpose of recreation camping and conservation of flora by virtue of E450744;
3. Reserve 41986 (Volume LR3089 Folio 642) which has a public purpose of conservation of flora and fauna by virtue of F148689;
4. Volume LR3161 Folio 986, Lot 306 on Deposited Plan 54549 which is unvested Crown land set aside for public purposes; and Certificate of Title Volume 1980 and Folio 817, Lot 3906 on plan P170072 is private land zoned as “Rural” but has an additional categorisation of “Bassendean sand special control area” the purpose of which is provided in section 6 of the LPS7 text. Landscape and Visual Impact Assessment GHD prepared a Report for Landscape and Visual Impact Assessment for the Waddi Wind Farm in September 2010 to support the Environmental Statement that comprised the original planning application. GHD has reviewed this assessment and assessed the potential impacts of the proposed amendments to the planning approval for the Waddi Wind Farm and reported their findings in a statement, a copy of which is provided in the attachments.

 A summary of their findings is provided below. Wind Prospect Pty Ltd prepared photomontage images and Zone of Visual Influence (ZVI) diagrams to inform the GHD assessment and are included in the GHD report in the attachments.

§ The wind turbines would still not be visible from the township of Dandaragan with the proposed increase in tip height of the wind turbines;

§ The limited visibility of the wind turbines from the easterly portions of the Badgingarra National Park would have perceptible change with the proposed increase to the tip height of the wind turbines;

 § The roads within the footprint of the Waddi Wind Farm exposed to high and close quarter visibility of wind turbines would have an imperceptible increase in visibility as a result of the proposed increase in wind turbine tip height;

§ The western edge of the Waddi Wind Farm will be visible from sections of the Brand Highway however the proposed increase to wind turbine tip height would result in a marginal to imperceptible increase in visibility;

§ The proposed transmission line route would result in isolated visual impacts along the Brand Highway;

§ There are limited opportunities to view the proposed transmission line from publicly accessible areas and views of the eastern section of the transmission line would be limited to private agricultural land;

§ Overall there would be project wide net decrease in impacts associated with the proposed transmission line route as the overall length of the route would decrease by approximately 11 km;

§ The overall impacts of the proposed on-site substation relative to the current approved location would be marginally greater due to the increased size. Noise Assessment ViPAC prepared a Noise Impact Assessment for the Waddi Wind Farm in December 2010 to support the Environmental Statement that comprised the original planning application. ViPAC has reviewed this assessment and assessed the potential impacts of the proposed amendments to the planning approval for the Waddi Wind Farm and reported their findings in a statement, a copy of which is provided in the attachments. A summary of their findings are provided below.

§ The on-site substation at the proposed new location will not have a significant or perceptible noise impact at the nearest residential receivers (i.e. dwellings not located within the project boundary) and will not represent a noticeable change compared to the original proposed location.
§ As the proposed transmission line route is not located within 100 metres of any dwellings, corona discharge noise or Aeolian noise is not likely to be an issue.

§ The proposed increase in wind turbine tip height is small and will not cause a significant or reasonable increase in the propagation of noise levels. There may be a slight increase in the predicted noise levels at some receiver locations depending on propagation distances and the relative height of topographical features along the line-of-sight between turbines and receivers, possibly up to about 0.5dB(A) or less. Current planning conditions require that the final layout and selected wind turbine model complies with the relevant standards.

§ The proposed amendments will not have a significant or perceptible noise impact at the nearest relevant residential receivers and will not represent a noticeable change compared to the original proposal. Conditions 12 to 18 of the current planning approval relate to noise and require that the final wind farm design meets applicable noise standards and that a post-construction monitoring program be implemented to verify compliance. Shadow Flicker Assessment Wind Prospect Pty Ltd prepared a shadow flicker analysis to inform the Environmental Statement that comprised the original planning application in 2011. This shadow flicker analysis was recently repeated by Wind Prospect to assess any potential increased impact of shadow flicker at sensitive receptors such as dwellings resulting from the proposed increase to wind turbine tip height from 152 metres to 165 metres. Wind Prospect’s findings are reported in the attachments which includes an image showing predicted shadow flicker with a wind turbine tip height of 165m.

§ In the absence of specific guidelines relating to shadow flicker in WA, the relevant German guidelines were used as a benchmark. These guidelines set a limit of 30 hours of shadow flicker per year and 30 minutes of shadow flicker in any one day at a given shadow flicker receptor.

§ No dwellings will receive more than 30 hours of shadow flicker per year or more than 30 minutes of shadow flicker per day.

§ Seven of the 24 assessed dwellings are predicted to experience some shadow flicker.

§ Predictions for shadow flicker have increased by roughly 1 to 9 hours per year across the seven dwellings compared to previous predictions. Calculations have been made based on worst case conditions which exclude the effects of clouds, obstacles, and the variability of wind speed and direction, all of which would reduce the amount of shadow flicker experienced in reality relative to the levels predicted in the Shadow Flicker Assessment. Aviation Assessment An Aeronautical Impact Assessment and Aerial Applications Assessment were completed by The Ambidji Group Pty Ltd (Ambidji Group) in November 2010 and June 2010 respectively to support the Environmental Statement that comprised the original planning application. Ambidji has reviewed these previous assessments and prepared an Aviation Impact Assessment and Qualitative Risk Assessment which assesses the potential impacts of the proposed amendments to the planning approval for the Waddi Wind Farm.

A copy of the Aviation Impact Assessment and Qualitative Risk Assessment (AIS & QRA) are provided in the attachments and a summary of the assessment is provided below. The Aviation Impact Statement and Qualitative Risk Assessment completed in 2016 found that the proposed Waddi Wind Farm will not impact upon the following: -

The OLS and PANS OPS surfaces published for any military, registered or certified aerodrome; - The operation of any Navigation Aids and Communication facilities; or –

Any air route Lowest Safe Altitudes. But will require further assessment by the Department of Defence in relation to: - Military low flying area D193; and - The RAAF radar at Eclipse Hill. The Aviation Impact Statement and Qualitative Risk Assessment has been provided to the Airservices Australia, the Department of Defence, and the Civil Aviation Safety Authority (CASA) for review as part of a consultation process. Previous engagement with the Department of Defence in relation to these particular matters for a 152 metre tip height concluded that aircraft could operate around the wind farm and that they would not object despite the potential impact on Primary Surveillance Radar. The proposed amendments to the planning approval were detailed in a letter to the Department of Defence on the 9th March 2016 and the Ambidji Group will continue liaison with the Department of Defence on behalf of Waddi Wind Farm Pty Ltd. Conditions 3 to 6 of the current planning approval relate to aviation, requiring notification of relevant parties of final wind turbine locations and heights.

All of the current conditions of approval are listed below; Conditions:
1. The land use and development shall be undertaken generally in accordance with the approval plans, in a manner that is deemed to comply, to the satisfaction of the Chief Executive Officer.
2. Following the submission of the development application, if the proponent proposes 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.
3. The proponent 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. 4. The proponent shall (prior to the erection of wind turbine generators) provide notification to Air Services Australia of the location and height details of the wind turbine generators.
5. The proponent shall (prior to the erection of wind turbine generators) provide notification to CASA of the location and height details of the wind turbine generators.
6. The proponent shall (prior to the erection of wind turbine generators) provide notification to Aerial Agricultural Association of Australia of the location and height details of the wind turbine generators.
7. The proponent shall ensure sufficient clearance is maintained from Western Power’s existing and planned transmission and distribution lines and associated facilities to the satisfaction of Western Power.
8. The proponent shall offer nearby residents that may be affected by electromagnetic interference a pre-construction and post-construction assessment of television reception and will remedy any reception problems attributable to the presence of the wind farm.
9. The proponent 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;

§ details of the selected transportation route;

§ detailed traffic management measures;

§ 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.
10. The access points onto the subject land and any road works shall be located and constructed to the satisfaction of the Chief Executive Officer 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 proponent.
11. The proponent 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 proponent prior to any works commencing onsite.
12. The Wind Farm shall comply, at all times, with the Western Australian Environmental Protection Authority Environmental Protection (Noise) Regulations 1997 revision dated November 2003 and the South Australian Environmental Protection Authority Environmental Noise Guidelines for Wind Farms dated February 2003.
13. Noise from the operational Wind Farm shall not exceed 45dB(A) (using a 10 minutes LAeq), at surrounding noise sensitive premises within the wind farm boundary, unless otherwise agreed with the respective landowner.
14. 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 surrounding noise sensitive premises outside the wind farm boundary.
15. The background noise levels for the proposed development are to be based on the pre-recorded background noise measurements (Refer to Table 16.1 of the development application). 16. The proponent shall develop and implement a postconstruction noise monitoring program at the noise sensitive receptors listed in Table 16.3 of the development application to assess compliance of the operational Wind Farm with the noise criteria. 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.
17. Prior to the commencement of construction, the proponent shall commission third party noise modelling studies 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, at the appropriate time.
18. In relation to the concerns raised in the letter from the Western Australian Department of Environment and Conservation dated 02 June 2011, 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.
19. 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 Regulation.
20. The proponent shall develop and implement an Avian Fauna Collision Monitoring Program, to the satisfaction of the Western Australia Department of Environment and Conservation, to monitor the impact of the Wind Farm on avian fauna in the project area, specifically in respect to the endangered Carnaby’s Cockatoo.
21. 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.
22. Prior to the commencement of construction, the proponent shall make arrangements in consultation with the South West Aboriginal Land & Sea Council for any required Aboriginal heritage monitoring.
23. 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.
24. The proponent shall provide a viewing area in a location approved by the Shire, prior to the operation of the wind farm. The viewing area shall consist of a public viewing platform, a series of interpretative boards and an associated car park.
25. All fencing shall be of rural construction such as open post and rail or post and wire, to the satisfaction of the Shire.
26. 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 Australia Department of Food and Agriculture.
27. The proponent shall provide road signage to the specification and satisfaction of Main Roads WA and the Shire of Dandaragan.
28. Any leasehold arrangements exceeding 20 years for part lots are to be referred to the Western Australian Planning Commission for approval.
29. Prior to the commencement of construction of the overhead power line on Lots 4 and 3824, written evidence shall be submitted to the Council that an agreed power line route has been reached with Iluka Resources Limited.
30. Decommissioning of the above ground plant and equipment (excluding concrete pads; footings; and underground 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 proponent of a plan outlining the process of decommissioning.
31. Planning consent is granted for a further four years from the expiry of the current planning approval extending the approval to 10 January 2020 during which time the development must be substantially commenced to the satisfaction of the Chief Executive Officer.
32. 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.
33. The extension of the Planning Approval is not valid until the Planning Application Fee is received.
34. 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 Chief Executive Officer.

Advice Notes:

§ In relation to condition 29, the proponent may propose a replacement / alternative overhead power line route outside the indicative site works area, subject to further approval of the Council.

Health impacts of wind farms This application is for amendments to an approved wind farm development. In February 2015 the National Health and Medical Research Council (NHMRC) came out with the following statement;

Examining whether wind farm emissions may affect human health is complex, as both the character of the emissions and individual perceptions of them are highly variable. After careful consideration and deliberation of the body of evidence, NHMRC concludes that there is currently no consistent evidence that wind farms cause adverse health effects in humans. Given the poor quality of current direct evidence and the concern expressed by some members of the community, high quality research into possible health effects of wind farms, particularly within 1.5 km is warranted.

There are a couple of dwellings that are within the Windfarm project area (have windfarms on their property by agreement) that are slightly closer than 1.5km, and there are a couple of dwellings outside the project area that are just slightly greater than 1.5km from a wind tower (refer to map on page 15 of volume 1 in the attachments). The current NMHRC statement means that those properties that have agreements (within 1.5km) may be impacted, but have agreed to the wind turbines, those that have dwellings greater than 1.5km away, based on the current evidence, are unlikely to suffer any negative health effects.

CONSULTATION In addition to the Shire advertising and consultation process, the applicant undertook an advertising and consultation process and has advised;
Notification of the proposed amendments to the wind farm planning approval inviting comments and further engagement was sent to key stakeholders including approximately
26 state, federal and local government agencies,
14 private sector organisations,
9 community groups,
10 State and Federal members of Parliament and the owners of all properties involved in and proximate to the Waddi Wind Farm project.

Further engagement and consultation occurred with many of these stakeholders. The consultation process commenced towards the end of 2015 and is ongoing. This notification and consultation has consisted of: -
Letters addressed to specific stakeholders advising of the proposed amendments distributed by email and/or mail; -
Newsletter and a fact sheet distributed by email and unaddressed mail to mailboxes at the Badgingarra and Dandaragan post offices; -
Face-to-face meetings and discussions with some government agencies and interested neighbouring residents; -
Invitations to the Information Days distributed by email, unaddressed mail to mailboxes at the Badgingarra post office and available on the counter at the Dandaragan post office; -
Advertising of the Information Days in 4 local publications leading up to the Information Days, posters displayed at 3 prominent community congregation points (Badgingarra and Dandaragan post offices and Shire of Dandaragan Council) and advertised by the Shire of Dandaragan on their website and Facebook page; -
The Information Days held at the Dandaragan Community Centre on 14th and 15th April; and - Launching of the updated www.waddiwindfarm.com.au website on the 31st March 2016 which contains information about the Waddi Wind Farm and the proposed amendments to the planning approval. Written responses from stakeholders are summarised in the attachments as well as feedback from the sole visitor to the Information Days held at the Dandaragan Community Centre.

As recommended in the Environment Protection Bulletin No. 21, consultation has occurred with the Department of Environment Regulation Noise Regulation Branch and the Department of Parks and Wildlife. As the Waddi Wind Farm project progresses, engagement with stakeholders will be ongoing using newsletters, letters, emails, meetings and updates to the website. The Shire of Dandaragan undertook to advertise the proposal to all landowners that had property within 5km of the subject site boundary. This included landowners that had only portion of land within 5km. Advertising commenced on 12 July 2016 until 8 August 2016. A couple of late submissions were accepted as prior notice had been given.

The proposal was also advertised in the local newspapers circulating in the district and to the following government organisations.

§ Department of Water;

§ Wheatbelt Development Commission;

§ Western Power;

§ Western Australian Planning Commission

§ Royal Australian Air Force Combat Support Unit;

§ Main Roads Western Australia;

§ Landgate;

§ Department of Fire and Emergency Services;

§ Environmental Protection Authority;

§ Department of Regional Development State Land Services;

§ Department of Environment Regulation

§ Department of Planning;

§ Department of Lands;

§ Department of Industries and Resources;

§ Department of Health;

§ Department of Parks and Wildlife;

§ Department of Mines and Petroleum;

§ Department of Defence;

§ Department of Agriculture and Food;

§ Civil Aviation Safety Authority;

§ Air Services Australia;

§ Shire Officers.

STATUTORY ENVIRONMENT § Local Planning Scheme No 7.

POLICY IMPLICATIONS § SPP 2.5 Land Use Planning in Rural Areas. § Western Australian Planning Commission’s (WAPC) Planning Bulletin No 67- Guidelines for Wind Farm Development. § There are no local policy implications relevant to this item.

FINANCIAL IMPLICATIONS The applicant has paid a sum of $15,675 which is 50% of the full fee as the application is for amendments to an existing approval.

STRATEGIC IMPLICATIONS The following sections of the Local Planning Strategy support such applications; Table 4: Actions – service infrastructure Action - Assess applications for wind farms and other alternative energy infrastructure, having regard to visual landscape issues and other relevant matters set out in Planning Bulletin 67 – Guidelines for Wind Farm Development. 5.4.3 Alternative Energy There is significant potential for the Jurien Bay region to become an important area for renewable energy production projects. Wind power generation is already proving to be popular within the Jurien Bay hinterland with several projects in operation or planned. The first WA utility scale solar photovoltaic farm is also been developed north of Jurien Bay confirming the potential for solar power in the region. There is adequate power generation within the region but the key issue for the shire is the transmission and distribution of power. The investment by energy producers in the shire may encourage energy intensive agricultural or other industries that use significant amounts of energy to locate in the area.

 ATTACHMENTS. Circulated with the agenda are the following items relevant to this report: § Application Volume 1 (Doc Id: 71443) – Previously Distributed § Application Volume 1 (Doc Id: 71444) – Previously Distributed § Schedule of Submissions (Doc Id: 71997) – Previously Distributed § NHMRC doc (Doc Id: 71643) – Previously Distributed § Extract from Senate Enquiry (Doc Id: 72582) – Previously Distributed § Residents noise info sheet (Doc Id: 72435) – Previously Distributed (Marked 9.4.1)

VOTING REQUIREMENT Simple majority

OFFICER RECOMMENDATION / COUNCIL DECISION Moved Cr Sheppard, seconded Gibson That Council A. Note the submissions received. B. Grant the following amendments as set out in Waddi Wind Farm Planning Permit Amendment Application Rev D Volumes 1 and 2 dated 1 June 2016 (Doc IDs 71441, 71442) to the Waddi Wind Farm planning approval granted to Trustpower Australia Holdings Pty Ltd January 2012 and as amended in April 2015 for minor modifications to wind monitoring towers and extension of planning approval for the wind farm project granted until January 2020.

1. Amend the transmission line route for connection of the wind farm into the transmission network.
2. Amend the location of the on-site substation to a location 900 metres west of the current permitted location and increase the area of the on-site substation from 4 ha up to approximately 12 ha.
3. Increase the maximum tip height of the wind turbines (the height from ground level to the highest point of the blade tip of each wind turbine) from 152 metres to 165 metres.
4. Minor amendments to the wording of existing planning approval conditions as follows:
i. Replace Condition 8 with - The proponent shall notify property owners with land within 5km of approved wind turbine locations of the potential for interference to TV reception from the wind farm and offer residents with a dwelling located within 5km of a wind turbine a pre-construction and post-construction assessment of television reception. The proponent shall remedy any reception problems attributable to the presence of the wind farm at dwellings located within 5km of approved wind turbine locations as at January 2012.
ii. Condition 13 Add “or background +5dB whichever is the higher” after the words "exceed 45dB(A)".
iii. Condition 20 Replace ‘Department of Environment Conservation’ with ‘Department of Parks and Wildlife.
iv. Condition 24 Replace the current condition with “The proponent shall provide an appropriate viewing area and/or information display at appropriate location(s) agreed with Council.”
v. Condition 25 Add “except where higher security fencing is required for safety and security purposes” after the words "post and wire".
vi. Condition 29 Remove this condition in its entirety
5. Amendments to the location of accessways and cable routes.
6. Increase the number of permanent wind monitoring masts from two to three.
7. All other conditions of approval granted in January 2012 and April 2015 remain in force.

Advice Note
1. Condition 1 of the current planning approval requires the land use and development is generally in accordance with the approval plans to the satisfaction of the Chief Executive Officer of the Shire of Dandaragan. The applicant shall provide details of any variations to the Chief Executive Officer for approval prior to commencement of any subject works, or to the satisfaction of the Council if in the view of the Chief Executive Officer those works are of significance and/or will detrimentally impact on nearby properties.
2. Should the applicant be aggrieved by this decision, or any conditions imposed, there is a Right to Review under the Planning and Development Act 2005. An application for Review must be submitted in accordance with Part XIV of the Planning and Development Act within 28 days of the date of the decision to the State Administrative Tribunal, GPO Box U1991, PERTH WA 6845.

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