9.4.2 REQUEST TO AMEND APPROVAL
CONDITIONS - BADGINGARRA WIND FARM - BADGINGARRA LOCALITY
Location: Lot 3850, 3755, 51, 3745, 3704,
50, 3747, 3754, 3753, 3748, 1651, 3774, 3742, 3743, 3744, 3738, 3739
Applicant: APA Group
Folder Path: Development Services App / Development
Application / 2013 / Badgingarra Wind Farm
Disclosure of
Interest: None
Date: 19 March 2013
Author: Rob Casella, Planning Officer
Signature of Author:
Senior Officer: David Chidlow, Manager of Planning
Signature of Senior
Officer:
PROPOSAL
The applicant seeks an amendment to the original planning
approval granted at its meeting on the 12 December 2008. The cause for the
amendment is due to the change in selection of wind turbines and the associated
heights of the new technology in wind energy.
BACKGROUND
In December 2008, Griffin Windfarm 2 Pty Ltd and Wind
Portfolio Pty Ltd was granted conditional approval for two (2) years for the
development of 43 ¡V 65 wind turbines to generate a maximum of up to 130MW
(depending on the final choice of turbine size and manufacturer).
Since then, the project has been granted an extension to
planning approval for a period of two (2) years, on two occasions, resulting in
a current planning approval expiring 19 December 2014.
The project has since changed ownership to APA Group.
The current planning
approval from the 2008 Agenda is as follows:
That planning approval be granted to Griffin Wind-farm 2 Pty
Ltd and Wind Portfolio Pty Ltd for the establishment of the Badgingarra Wind
Farm subject to:
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.
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 postconstruction
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 andsubject 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.
At its meeting November
2012, Council imposed further conditions on the proposed development due to
new information and development taking place in the wind energy / farming
industry, and to provide some consistency with previous planning approvals on
wind farms in the Shire of Dandaragan, and they are as follows:
1. 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;
2. 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;
3. 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;
4. All fencing shall be of rural construction such as open
post and rail or post and wire, to the satisfaction of the Shire;
5. 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
6. 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.
Currently the project
has been suffering delays due extensively to the delays experienced by Western
Power in receiving relevant approvals for the construction of its 330 kV
Midwest transmission line project. During this time, the proponent has been
looking into the best model of wind turbine to provide the most efficient and effective
turbine for this project.
Currently the applicant has narrowed their selection of wind
turbines down to two models. Table 1 identifies the megawatts the turbines
produce, the max height (when the tip of the turbine is at its highest point)
and the number of turbines required to achieve their 130MW capacity:
Table 1 ¡V Turbine
characteristics
Turbine: MW Max Height No. of turbines
Model 1 3.4 132 (m) 38
Model 2 3 140 (m) 43
Further to the selection process, APA Group requires Western
Power’s approval for the proposed model, to determine the turbine’s compatibility
with Western Power’s system and infrastructure. Currently it is most desirable
for model 1 to be selected as the turbine of choice subsequent availability and
cost.
COMMENT
The proposed Badgingarra Wind Farm is already an approved
use on the subject lots. The need for Council approval is in accordance with
condition 9 of the original planning approval, requiring any proposed changes
to further undergo consultation from the Shire and the EPA.
The original approval was for a turbine with a maximum
height of 125m (tip height) model V90. The applicant proposes an increased turbine
of 15m to a maximum height (tip height) of 140m model V112, with a 54.65 metre
radius blade. It is considered the largest onshore turbine available.
The proposed model is designed to provide:
·
High productivity;
·
Reduced noise modes with minimal impact on power
production;
·
Excellent grid support;
·
Designed for serviceability; and
·
Innovative CoolerTop that uses the wind¡¦s own
energy to cool the turbine.
The V112-3.0MW has several noise modes to meet most site specific
sound level restrictions and according to the applicant, through correspondence
with Vesta, the V112 has a slight reduction in the sound output level compared
to the approved V90, complying with the Badgingarra DA noise conditions.
Department of Environment and Conservation (DEC) notified
the Shire of Dandaragan (the Shire) that conditions 10, 17 and 18 be restated
as approved by Council at its meeting 12 December 2008. Also the office of the
EPA recognise that the change is not a material change and does not introduce
any new environmental issues, thus the public advice given on 16 September 2008
is still relevant and applies.
As stated in condition 9 of the approval in 2008, requiring consultation
with the Shire of Dandaragan and EPA service unit prior to changes being
undertaken, and considering the responses received from both EPA and DEC, it
would be reasonable to approve the proposal subject to the conditions imposed
in 2008.
CONSULTATION
Letters have been sent to those properties neighbouring the subject
site and government agencies allowing them to make submissions on the proposed
change in height. An article has also been posted in the local paper
circulating in the local area with the advertising period closing 8 March 2013.
STATUTORY ENVIRONMENT
·
Local Planning Scheme No 7
·
Planning Bulletin 67 ¡V Guidelines to Wind Farm
Development
POLICY IMPLICATIONS
There are no policy implications relevant to this item.
FINANCIAL IMPLICATIONS
The applicant is to pay 25% of an application fee being
$7,825 prior to the approval being registered into the Shires system.
STRATEGIC IMPLICATIONS
There are no strategic implications relevant to this item.
ATTACHMENTS
Circulated with the agenda are the following items relevant
to this report:
·
APA Group clarification of tip height (Doc
Id:12019)
·
Schedule of Submissions (Doc Id: 12485)
·
Land owner signed consent forms (Doc Id: 12210)
·
Vestas 3MW V112 onshore turbine Info Sheet (Doc
Id: 12478) (Marked 9.4.2)
VOTING REQUIREMENT
Simple majority
OFFICER RECOMMENDATION
That Council grant approval to APA Group for the establishment
of the Badgingarra Wind Farm expiring 19 December 2014 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 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;
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 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
andAgriculture; 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
