LOT 6 MUNGEDAR ROAD, DANDARAGAN

9.4.2 PROPOSED 40 METRE LATTICE TELECOMMUNICATION TOWER AND ASSOCIATED EQUIPMENT – LOT 6 MUNGEDAR ROAD, DANDARAGAN

Location: Lot 6 Mungedar Road, Dandaragan

Applicant: Daly International on behalf of Crown Castle Australia (CCA) and Western Australian Police  (WAPOL)

Folder Path: Development Services App / Development Application / 2014 / 23

Disclosure of Interest: None

Date: 11 June 2014

Author: Barbara Macaulay, Planning Officer

Signature of Author:

Senior Officer: David Chidlow, Manager of Planning

 Signature of Senior Officer:

PROPOSAL

The proponent is seeking planning approval for a communication facility at Lot 6 Mungedar road, Dandaragan. The subject land is zoned rural and under private ownership. The proposal is one of three proposed communication facilities in the Shire of Dandaragan. This proposal includes:

·         An overall height of 43.2m (40m lattice tower-unpainted galvanised finish, two dishes one will 1.2m dia the other will be 1.8m dia installed between 15m – 38m height, plus antenna)

·         Western Australian Police (WAPOL) radio transmission equipment

·         WAPOL prefabricated equipment shelter

·         Two clusters of six solar panels

BACKGROUND

WAPOL has engaged Crown Castle Australia (CCA) to build a number of communication facilities which will form part of the Community Safety Network. The Network is fully funded under Royalties for Regions and will bring together WA Police, the Fire and Emergency Services Authority (FESA) and the Department of Corrective Services (DCS) under one common infrastructure network, managed by WAPOL. Communication will be across a shared, purpose-built, secure network for the first time.

The process for planning a new telecommunication facility is a complex process and the proponent has considered the following issues:

·         Radiofrequency coverage

·         Low-impact and co-location opportunities

·         Availability of suitable sites

·         Planning, environmental and heritage considerations

·         Engineering criteria and construction considerations.

Site Description

To meet coverage requirements the search for suitable sites was limited to the top of the hill. The proposed facility is located on the highest hill in the area (364m AHD), 19km south-east of Badgingarra and approximately 17km north of Dandaragan and will be setback 4.7km from North West Road and 4.6km from Badgingarra Road. The nearest dwelling is 3.5km. The site is easily accessible and the property owner is happy to proceed.

The proposed facility will be located on a fenced off area not used for agricultural purposes and will require the removal of five small trees. The facility will be enclosed within a secure compound measuring 10m x 10m (100m2).

Construction details

The site will be accessed by an existing gravel track on the property. The total construction period will be approximately ten weeks. Once operational, the facility will be unstaffed and will require maintenance work once a year for one day. Construction works will occur between 7am and 7pm.

COMMENT

Under the Telecommunication Act 1997 telecommunication facilities considered to be ‘low impact’ are not required to obtain planning approval. Telecommunication towers are not listed as low-impact and hence planning approval is sought. In assessing the proposal consideration has been given to ensure the proposal is consistent with the objectives and permitted uses within the Shire’s Local Planning Scheme No7 and the provisions contained within Planning Policy 5.2 Telecommunication Infrastructure (SPP 5.2)

Shire of Dandaragan Local Planning Scheme No7

The proposed telecommunication facility is a use not listed under the LPS7 Zoning Table. As a use not listed, in accordance with Clause 9.4.3 of the Scheme, notice of the proposed development was advertised to adjoining landowners that may be affected by the development. No objections have been received from adjoining neighbours.

As a use not listed, and in accordance with Clause 4.4.2 of the Scheme, Council is to either:

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 9.4 in considering an application for planning approval; or

c) Determine that the use is not consistent with the objectives of the particular zone and is therefore not permitted.

The subject land and adjoining lots are currently zoned ‘Rural’ under the Shire’s Local Planning Scheme No. 7 (LPS7). The objective of the Rural zone in the Scheme is:

 “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”.

It is considered the proposal is consistent with the objectives of the Rural zone.

State Planning Policy 5.2 Telecommunication Infrastructure SPP 5.2 provides a framework for the preparation, assessment and determination of applications for planning approval of telecommunication facilities. The Policy states telecommunication infrastructure should be located, sited and designed in accordance with 15 Guiding Principles. The applicant has addressed these principles in their planning application and a copy is provided in the attachments.

In determining the application SPP 5.2 state the local government should have regard to the “extent to which the proposal contribute to the social and economic benefit of affordable and convenient access to modern telecommunication services for people and businesses throughout the State”. The proposed facility will enable WAPOL to use a more effective and modern communication network and will also benefit the community by providing a more informed, responsive and coordinated law enforcement and public safety service in regional population areas.

Given the social and economic benefit of the proposal and its location in the Rural zone well away from sensitive land uses, it is the Planning Officer recommendation that Council grant approval.

CONSULTATION

Notice of the proposed development was advertised to adjoining and potentially impacted neighbouring landowners. The advertising period was 5 May and closed on the 26 May 2014. No objections were received.

STATUTORY ENVIRONMENT

·         Local Planning Scheme No 7.

POLICY IMPLICATIONS

·         State Planning Policy 5.2 Telecommunication Infrastructure

FINANCIAL IMPLICATIONS

The applicant has paid a planning application fee of $640

STRATEGIC IMPLICATIONS

·         Shire of Dandaragan Integrated Strategic Community Plan

5.15.1 GOAL NUMBER ONE: Strong Economic Base and Enabling Infrastructure

OBJECTIVE 2: Ensure timely provision of essential and strategic infrastructure to ensure investment and growth for the Shire is maximised

CODE: G1-O2-A11

STRATEGIES: Telecommunications:

·         Upgrade existing telecommunications system to allow for higher speed internet access through high speed broadband via wireless;

·         Support planning for demand driven bids for National Broadband Network;

·         Support mobile tower program for region; and

·         Develop digital strategy sub-region (Wheatbelt Development Commission).

LINKS: Community workshops, Super-Towns Growth Plan

TIME FRAME: Short - Medium - Short - Short

SCOPE: District – Coastal - District

PARTNERS: NBN, WDC

ATTACHMENTS

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

·         Plans (Doc Id: 29307)

·         Location Plan (Doc Id: 29308)

·         Applicant response to State Planning Policy 5.2 (Doc Id: 29310)

(Marked 9.4.2)

VOTING REQUIREMENT

Simple majority

OFFICER RECOMMENDATION

That Council determines that the use “Telecommunications Tower” is consistent with the objectives of the “Rural” zone and is therefore permitted under section 4.4.2 of the Shire of Dandaragan Local Planning Scheme and grants planning approval for a telecommunication facility at Lot 6 Mungedar road, Dandaragan subject to the following conditions:

1. All development shall accord with the Development Application prepared by Daly International and subject to any modifications required as a consequence of any condition (s) of approval;

2. All development shall be in accordance with the attached plans date stamped 15 April 2014 subject to any modification required as a consequence of any conditions of this approval and shall not be altered without the prior written approval of the local government;

3. The use and development must be conducted so that it has minimum impact on the amenity of the area by reason of:

·         Transportation of materials, goods and commodities to and from the premises;

·         Appearance of any buildings, works and materials; and

·         The emission of noise, vibration, dust, wastewater, waste products or reflected light;

4. The proposed solar panels must meet all relevant Australian Standards for construction and reflection to minimise any glare impacts;

5. Shire of Dandaragan is to be advised of completion of the facility

ADVICE NOTES:

Note 1: The applicant be advised this is planning approval only and not a building permit. A building permit must be obtained for this development.

Note 2: If the development the subject of this approval is not substantially commenced within a period of 2 years, or such other period as specified in the approval after the date of the determination, the approval shall lapse and be of no further effect.

Note 3: Where an approval has so lapsed, no development shall be carried out without the further approval of the local government having first been sought and obtained.

Note 4: The applicant be advised that “should you be aggrieved by this decision, or any conditions imposed, there is a Right of 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 this decision to:

The State Administrative Tribunal

GPO Box U1991

PERTH WA 6845”

LOT 22 MUNBINEA ROAD, HILL RIVER

9.4.2 PROPOSED SOLAR PHOTO VOLTAIC POWER FACILITY - LOT 22 MUNBINEA ROAD, HILL RIVER

Location:            Lot 22 Munbinea Road, Hill River

Applicant:          Solar Farms Jurien Bay Pty Ltd (on lease from K Loveland)

Folder Path:        Development Services Apps / Development Application / 2013 / 44

Disclosure of Interest:   None

Date:         10 September 2013

Author:      David Chidlow, Manager of Planning

Signature of Author:

Senior Officer:       Ian Rennie, Deputy Chief Executive Officer

Signature of Senior Officer:

PROPOSAL

The proponent is seeking planning approval for a 5 megawatt photovoltaic (PV) solar power generating facility at Lot 22 Munbinea Road, Hill River.

BACKGROUND

Solar Farm Jurien Bay Pty Ltd is a joint venture between EMC Solar Construction Pty Ltd and Group T-Solar and would like to develop a solar project in the Shire of Dandaragan. The 5 megawatt installation will cover approx. 10-12 hectares of land and is a part of a broader roll-out of solar farms across the Wheatbelt region.

The solar farm installed in the Shire of Dandaragan will generate 8.76 gigawatt hours per annum, offsetting 6,570 tonnes of carbon and will be sufficient to power approximately 1500 homes each year.

EMC has also developed a solar energy trial at the CBH grain handling facility in Moora where competing PV panel technology is being trialled as a potential clean energy solution for the cooperatives’ 4,500+ members.

The solar panels installed will be fixed structures. Each individual solar panel installed will have dimensions of approximately 4 x 4 x 4 metres including foundations.

The WAPC granted a lease on portion of Lot 22 for the purpose of “Solar farm” on the 22 March 2012.

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 north which comprises of a Nature Reserve.

The proposed PV solar power facility is a use not listed under the LPS7 Zoning Table. As a use not listed, in accordance with Clause 4.4.2 of the Scheme, Council is to either:

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 9.4 in considering an application for planning approval; or

c) Determine that the use is not consistent with the objectives of the particular zone and is therefore not permitted.

When considering an application in accordance with Clause 4.4.2 of the Scheme, the Shire is to have due regard to the relevant matters stated under Clause 10.2 of the Scheme. They are as follows:

a) The aims and provisions of the Scheme and any other relevant local planning schemes operating within the Scheme area;

e) Any relevant policy or strategy of the Commission and any relevant policy adopted by the Government of the State;

f) Any Local Planning Policy adopted by the local government under clause 2.4, any heritage policy statement for a designated heritage area adopted under clause 7.2.2, and any other plan or guideline adopted by the local government under the Scheme;

i) The compatibility of a use or development within its setting;

l) The likely effect of the proposal on the natural environment and any means that are proposed to protect or to mitigate impacts on the natural environment;

n) The preservation of the amenity of the locality;

o) The relationship of the proposal to development on adjoining land or on other land in the locality including but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the proposal;

p) Whether the proposed means of access to and egress from the site are adequate and whether adequate provision has been made for the loading, unloading, manoeuvring and parking of vehicles;

q) The amount of traffic likely to be generated by the proposal, particularly in relation to the capacity of the road system in the locality and the probable effect on a traffic flow and safety;

y) Any relevant submissions received on the application;

z) The comments or submissions received from any authority consulted under clause 10.1.1.

The aims and provisions of the Scheme for the subject lot address the objective of the Rural zone as 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”.

As solar farms are a relatively new development venture in Western Australia, no state or local policy has been developed on this issue, therefore, references shall be extracted from the Western Australian Planning Commission’s (WAPC) Planning Bulletin No 67- Guidelines for Wind Farm Development, as suggested through correspondence from a Department of Planning (DoP) Officer, which suggests:

“Rural, non-rural and similar zones, local governments shouldconsider wind farm proposals under the provisions of Clause 4.4.2(b) of the Model Scheme text”.

The Shire’s Local Planning Strategy (Strategy) is the only relevant plan for such a proposal which supports the development 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”.

Objective 3 under the Strategy for “Rural” zones states:

“Required proposals for non-agricultural uses to be supported and justified by an agricultural impact assessment unless otherwise varied by the Council”.

Under the Strategy, Council may refuse an application for planning consent where in its opinion the proposed development will:

1. Adversely affect the rural landscape;

2. Adversely impact upon the agricultural use of the land and adjoining/nearby areas;

3. Cause detrimental environmental impacts;

4. Result in unacceptable fire management risk;

5. Place unacceptable servicing requirements which have not been appropriately addressed by the applicant;

6. Result in impacts which cannot be adequately contained on the application site; and

7. In the opinion of the Council will result in an undesirable planning outcome and will be contrary to the orderly and proper planning of the locality.

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 PV panels are designed and engineered to collect and absorb sunlight and not to reflect it, alleviating concern with glare and reflection. Generally solar panels reflect in the order of 4% of incoming light compared to vehicle windows which reflect around 8% of incoming light, therefore will not introduce any additional risk at ground level or air traffic in the vicinity.

Given the above information, it is the Planning Officers recommendation that Council grant approval with conditions.

CONSULTATION

·         Adjoining landowners

·         Department of Planning

·         Department of Environment Regulation

·         Department of Parks and Wildlife (Geraldton and Jurien Bay Offices)

·         Air Services Australia

·         Civil Aviation Safety Authority

·         Main Roads Western Australia

One submission was received from a neighbouring landowner concerned about the visibility of the solar panels from their farm dwelling. The submitter requested further information on contours, this information was provided.

STATUTORY ENVIRONMENT

·         Local Planning Scheme No 7

·         Local Planning Strategy ¡V Rural Land Use and Rural Settlement

POLICY IMPLICATIONS

There are no policy implications relevant to this item.

FINANCIAL IMPLICATIONS

The applicant has paid a sum of $1,600.

STRATEGIC IMPLICATIONS

·         Shire of Dandaragan Local Planning Strategy ¡V Rural Land Use and Rural Settlement.

ATTACHMENTS

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

·         Application (Doc Id: 15169)

·         Plans and details (Doc Id: 15170) (Marked 9.4.2)

VOTING REQUIREMENT
Simple majority

OFFICER RECOMMENDATION

That Council determines that the use “Solar Photovoltaic Facility” is consistent with the objectives of the “Rural” zone and is therefore permitted under section 4.4.2 of the Shire of Dandaragan Local Planning Scheme No.7 and grant planning approval for a proposed 5MW Solar Photovoltaic Facility at Lot 22 Munbinea Road, Hill River subject to the following conditions:

1. All development shall accord with the attached plan(s) and specifications dated 12 July 2013 and subject to any modifications required as a consequence of any condition(s) of this approval. The endorsed plans shall not be modified or altered without the prior written approval of the Shire;

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

3. The Proponent shall, at the Proponent¡¦s expense, construct and drain an access driveway(s) from Munbinea Road to the property boundary to the satisfaction of the Shire of Dandaragan.

4. 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.

5. 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; and

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

Advice Notes:

·         The Proponent is to liaise with the local school bus operator to ensure these runs are not disturbed due to increased volumes of traffic during the construction phase.

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

·         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.

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

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

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

·         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.

EMU DOWNS FARM, BIBBY ROAD BADGINGARRA

9.4.5 DEVELOPMENT ASSESSMENT PANEL - PROPOSED SOLAR PHOTO VOLTAIC POWER FACILITY - EMU DOWNS FARM, BIBBY ROAD BADGINGARRA

Location:                      Emu Downs Farm, Bibby Road Badgingarra

Applicant:                      Masterplan on behalf of APA Group

Folder Path:                   Development Services Apps / Development Application / 2013 / 18

Disclosure of Interest:  None

Date:                    17 June 2013

Author:               Rob Casella, Planning Officer

Signature of Author:

Senior Officer:              David Chidlow, Manager of Planning

Signature of Senior Officer:

PROPOSAL

The proponent is seeking planning approval for a 20 megawatt photovoltaic (PV) solar power generating facility within the Emu Downs property, located on Lot 3842 Bibby Road, Badgingarra. The application is required to be determined by the Regional Development Assessments Panel (Wheatbelt JDAP).

BACKGROUND

APA Group (APAG) is the current owner of the Emu Downs Wind Farm facility (EDWF) in the Shire of Dandaragan (the Shire) located on Bibby Road, Badgingarra. The Emu Downs entity is zoned ¡¥Rural¡¦ under the Shires Local Planning Scheme No. 7 (LPS7) and comprises 3 farms, being Myara West, Myara East (either side of Yeeramullah Road south of the intersection with Bibby Road) and Emu Downs abutting Myara East to its East. The total area of the 3 lots is 5221.44 hectares.

Portions of the Emu Downs Holdings are currently leased for the Emu Downs Wind Farm facility comprising wind turbines which are distributed across the property. Photovoltaic Array Component

The proponent wishes to develop a PV solar farm on a portion of the subject lot, to be located in the north east corner, having an approximate area of 60 hectares allocated to the solar PV facility. An additional 10 hectares has been allocated for construction activity such as lay down areas etc.

The major component will be the installation of sufficient solar panels to generate approximately 20MW of power through the use of twin blocks of solar panels, each equivalent to around 10MW. The solar panels are to be arranged in rows occupying an area of around 700 to 750 metres in width and 700 to 800 metres in length, covering approximately 50-60 hectares in total.

The applicant proposes to install a fixed tilt type solar panel structure, although a single or dual access tracking type could still be contemplated as a result of the Engineering, Procurement and Construct (EPC) contract (for the purpose of this application, there is no difference between the two alternatives) with all cabling intended to be underground.

A number of small enclosed collector stations will be provided, housing inverters and switchgear to convert the power from DC to AC. It will then be stepped up via transformers to a site reticulation voltage of 22kV (the same as the existing EDWF). An amenities building is also provided to contain the user interface for the Supervisory Control & Data Acquisition (SCADA) system, the digital monitoring and maintenance system for the facility. The existing EDWF amenities building will be utilised for ongoing operations and maintenance staff.

A minimum of three metrological stations containing specified measurement instruments, data logging equipment and communications equipment will be established within the PV array.

In addition, the following infrastructure will also be provided:

·         Tools / spare parts storage area;

·         Potentially hazardous substances storage area;

·         General ablution facilities;

·         Access drives;

·         Service Car parking area; and

·         Outdoor facilities suitable for operation / maintenance of the PV plant and operational staff requirements.

Note: The Solar Farm facilities will be significantly smaller than the existing wind farm amenity and stores buildings

A service access road will be constructed and the whole facility enclosed in a perimeter fence which will be setback a minimum of 20m from the nearest property boundary with the actual PV facility setback a further 5m.

Distribution Components

The proposed solar power facility will make use of and connect into the existing transmission connection substation infrastructure already established to service the existing EDWF. The only new distribution infrastructure required is a new 22kV underground connection from the actual PV array and Balance of System (BOS) itself to the existing wind farm substation approximately 4km to the west. The new 22kV underground cable will be constructed by APA and run from the PV facility through an existing cleared  access laneway between the Poison north and Middle Bush blocks, then across open farmland to the existing substation, to minimise the impact upon general farming operations and future access.

Power supplies will be converted for transmission via the wider network through the existing 132kV powerlines currently connected to the existing substation, requiring a small switchyard upgrade and installation of two extra banks of switchgear and protections systems, accommodated within the existing substation site. The trenching for the 22kV underground cables will also be used to provide low voltage power to the PV site as well as redundant fibre optic cabling for communications purposes (SCADA) which can be seen in the attachments.

Construction

It is expected that the PV facility will take between 6 to 9 months to construct and employ up to 150 people during its construction peak with the requirement to provide a temporary construction compound incorporating all office, messing, toilet and washing facilities considered necessary to facilitate the works.

The project will necessitate in the order of 350 truck movements to the site with the majority comprising standard freight containers. There will not be any requirement for oversized vehicles requiring escort vehicles or special route modifications.

Transportable buildings and storage containers for construction purposes will be delivered prior to construction and removed upon completion.

A Traffic Feasibility Study and Delivery Method Statement will be completed by the proponent to confirm proposed transport routes along which the majority of traffic from Fremantle port will travel.

Contact Redgum Village for more Info here

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,

Badgingarra National Park, which is reserved for “Conservation” purposes.

The proposed PV solar power facility is a use not listed under the LPS7 Zoning Table. As a use not listed, in accordance with Clause 4.4.2 of the Scheme, Council is to either:

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 9.4 in considering an application for planning approval; or

c) Determine that the use is not consistent with the objectives of the particular zone and is therefore not permitted;

When considering an application in accordance with Clause 4.4.2 of the Scheme, the Shire is to have due regard to the relevant matters stated under Clause 10.2 of the Scheme. They are as follows:

a) The aims and provisions of the Scheme and any other relevant local planning schemes operating within the Scheme area;

e) Any relevant policy or strategy of the Commission and any relevant policy adopted by the Government of the State;

f) Any Local Planning Policy adopted by the local government under clause 2.4, any heritage policy statement for a designated heritage area adopted under clause 7.2.2, and any other plan or guideline adopted by the local government under the Scheme;

i) The compatibility of a use or development within its setting;

l) The likely effect of the proposal on the natural environment and any means that are proposed to protect or to mitigate impacts on the natural environment;

n) The preservation of the amenity of the locality;

o) The relationship of the proposal to development on adjoining land or on other land in the locality including but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the proposal;

p) Whether the proposed means of access to and egress from the site are adequate and whether adequate provision has been made for the loading, unloading, manoeuvring and parking of vehicles;

q) The amount of traffic likely to be generated by the proposal, particularly in relation to the capacity of the road system in the locality and the probable effect on a traffic flow and safety;

y) Any relevant submissions received on the application;

z) The comments or submissions received from any authority consulted under clause 10.1.1.

The aims and provisions of the Scheme for the subject lot address the objective of the Rural zone as 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”.

As solar farms are a relatively new development venture in Western Australia, no state or local policy has been developed onthis issue, therefore, references shall be extracted from the Western Australian Planning Commission¡¦s (WAPC) Planning Bulletin No 67- Guidelines for Wind Farm Development, as suggested through correspondence from a Department of Planning (DoP) Officer, which suggests:

“Rural, non-rural and similar zones, local governments should consider wind farm proposals under the provisions of Clause 4.4.2(b) of the Model Scheme text”. (Which is the same as clause 4.4.2(b) of the Dandaragan Scheme quoted above).

The Shire’s Local Planning Strategy (Strategy) is the only relevant plan for such a proposal which supports the development 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”.

Objective 3 under the Strategy for “Rural” zones states:

“Required proposals for non-agricultural uses to be supported and justified by an agricultural impact assessment unless otherwise varied by the Council”.

Under the Strategy, Council may refuse an application for planning consent where in its opinion the proposed development will:

1. Adversely affect the rural landscape;

2. Adversely impact upon the agricultural use of the land and adjoining/nearby areas;

3. Cause detrimental environmental impacts;

4. Result in unacceptable fire management risk;

5. Place unacceptable servicing requirements which have not been appropriately addressed by the applicant;

6. Result in impacts which cannot be adequately contained on the application site; and

7. In the opinion of the Council will result in an undesirable planning outcome and will be contrary to the orderly and proper planning of the locality.

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 surrounding area is utilised by the existing Emu Downs Wind Farm and borders the Badgingarra National Park. As there is little disturbance to the land, as much of it has been cleared through historic farming practices, the compatibility of the development is considered suitable with the surrounding land uses.

The topography of the proposed site for the PV facility slopes from a high point at Bibby Road, downwards to the South, in conjunction with the surrounding native bush, the facility will be significantly screened, reducing the visual impact both generically and specifically from Bibby Road. The PV panels are designed and engineered to collect and absorb sunlight and not to reflect it, alleviating the concern Shire Officers had with glare and reflection for passing traffic. Generally solar panels reflect in the order of 4% of incoming light compared to vehicle windows which reflect around 8% of incoming light, therefore will not introduce any additional risk at ground level to Bibby Road or air traffic in the vicinity.

The preservation of the amenity of the locality will be maintained due to the sloping land from Bibby Road as well as the vegetation maintained in the road reserve by screening the development from the road.

The proposed means of access and egress have been established and are considered suitably located. Adequate storage space has also been proposed as depicted in the diagram within the attachments.

There will be no substantial generation in additional traffic from constant vehicles to the site over the period of construction.

There is no foreseen issues regarding traffic although it is recommended the proponent liaise with the local school bus service to ensure no disruptions are encountered.

A number of submissions have been received from various Responsible Authorities indicating their position on the proposed solar facility. The submissions can be seen in the Schedule of Submissions within the attachments. If Councillors wish to view the full submission, it will be made available upon request.

The proposal is to fill the gap experienced by the EDWF in its offpeak energy output periods during the day when the wind speeds drop (a deficit of about 20kV to 30kV). The agreement for use of the land requires rehabilitation of the site upon cessation of the use. Given the timeframe for the facility of 25-30 years and likely advances in rehabilitation and refurbishment techniques during that period, it is anticipated a rehabilitation plan will be submitted to the Shire for approval prior to the cessation of the facility.

Given the above information, it is the Planning Officers recommendation that Council grant approval imposing the conditions stated in the recommendation to be presented to the Joint Wheatbelt Development Assessment Panel for this application.

CONSULTATION

·         APA Group (Adam Pegg, Shane Cremin);

·         Department of Planning;

·         Environmental Protection Authority;

·         Air Services Australia;

·         Civil Aviation Safety Authority;

·         Department of Agriculture and Food;

·         Department of Defence;

·         Department of Environment and Conservation;

·         Department of Regional Development and Lands;

·         Department of Fire and Emergency Services;

·         Main Roads Western Australia;

·         Royal Australian Air Force Combat Support Unit;

·         Western Power;

·         Wheatbelt Development Commission;

·         Department of Mines and Petroleum;

·         Landgate;

·         Community Consultation; and

·         Shire Officers.

Amended plans received on the 14 June 2013 show a reduced site footprint due to improved technology of the solar collectors chosen. The original plans showed 57.6 ha whereas the amended plans show 41 ha. It was not considered necessary to readvertise the amended plans as they reduce the scale and any potential impact of the development.

STATUTORY ENVIRONMENT

·         Local Planning Scheme No 7.

·         Local Planning Strategy ¡V Rural Land Use and Rural Settlement.

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 $38,505 with $6,320 allocated to the Development Assessment Panel.

STRATEGIC IMPLICATIONS

·         Shire of Dandaragan Local Planning Strategy ¡V Rural Land Use and Rural Settlement.

ATTACHMENTS.

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

·         Preliminary Site Development Plan (Doc Id: 13633)

·         Detail (Doc Id: 13741)

·         Access (Doc Id: 13741)

·         Construction Facility (Doc Id: 13741)

·         Schedule of Submissions (Doc Id: 14521)

·         Amended plans dated 14 June 2013 (Doc Id: 14520) (Marked 9.4.5)

VOTING REQUIREMENT

Simple majority

OFFICER RECOMMENDATION

That Council indicate to the Wheatbelt JDAP that they support the planning application for a proposed 20MW Solar Photovoltaic Facility at Emu Downs Wind farm on Lot 3842 Bibby Road, Badgingarra and recommend the following:

The JDAP determine that the use is consistent with the objectives of the ¡§Rural¡¨ zone and is therefore permitted under section 4.4.2 of the Shire¡¦s Local Planning Scheme No. 7 under the following conditions:

1. All development shall accord with the Development Application Report prepared by Masterplan Consultants dated March 2013 (Version 4) and subject to any modifications required as a consequence of any condition(s) of this approval.;

2. The development plans, as dated 14 June 2013 (amended plans) together with any requirements and annotations detailed thereon, are the plans approved as part of this application and shall form part of the planning approval issued.

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

4. The use and development must be commenced within 3 years of the date of this approval and completed within 5 years of commencement;

5. Access and egress to the subject site from Bibby Road and any road works shall be located and constructed to the satisfaction of the Executive Manager Infrastructure / Major Projects and include all necessary drainage and signage. Costs applicable to the construction of the access point/s onto the site and any related issues shall be borne by the proponent;

6. The intersection of the proposed access way and Bibby Road be upgraded at the landowner/applicant¡¦s cost to the specifications of Main Roads WA (MRWA). Engineering drawings and specifications are to be submitted to MRWA for approval prior to construction;

7. Any pavement on the site must be capable of accepting all anticipated loadings (including access ways and parking areas). The Shire will not accept any responsibility for subsequent failure of any pavement;

8. A Traffic Feasibility Study and Delivery Method Statement to be completed by the applicant and submitted to the Shire to confirm proposed transport routes along which the majority of traffic from relevant ports and local manufacturers will travel. A road condition survey is to form part of this and any maintenance work required to public roads as a result of transport activity is to be undertaken by the project contractor to the satisfaction of the Shire of Dandaragan Executive Manager Infrastructure / Major Projects;

9. The use and development must be conducted so that it has minimum impact on the amenity of the area by reason of :

·         Transportation of materials, goods and commodities to and from the premises;

·         Appearance of any buildings, works and materials; and

·         The emission of noise, vibration, dust, wastewater, waste products or reflected light;

10. The proposed solar panels must meet all relevant Australian Standards for construction and reflection to minimise any glare impacts;

11. An interpretive information panel is to be provided at the existing Emu Downs Wind Farm tourist information bay;

12. An Environmental Management Plan for the management and operation of the use and development must be submitted to and approved by the Responsible Authority(s). Three (3) copies must be provided. When approved, the plan will be endorsed and will form part of this approval.
The Environmental Management Plan must address the following:

·         Site maintenance and weed and pest management;

·         Construction management;

·         Soil, water and flood management;

·         Fire management;

·         Traffic management;

·         Procedures to ensure that no significant adverse environmental impacts occur as a result of the use and development.

13. The temporary construction compound is to be removed at the end of the construction period and the area to be returned back to its original condition (grassed paddock).

14. A plan outlining the Decommissioning and Rehabilitation of the site will be required at least 2 years prior to the cession of the 25 to 30 year timeframe of the facility. It is to be submitted and endorsed by the Responsible Authority(s). Amendments may be submitted if further developments advance.

15. Within 2 years of the facility being decommissioned, all infrastructure on the site must be removed and the site restored to its original condition to the satisfaction of the Responsible Authority(s) unless otherwise agreed in writing by the Shire of Dandaragan Chief Executive Officer; and

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

Advice:

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

·         The installation of the sewage facility for the construction facility shall be installed in accordance with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974.

·         Storage tanks should be fitted with BFB coupling or a standpipe installed to allow for fast filling.

·         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.

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

·         That the applicant be advised this is planning approval only and not a building permit. A building permit must be obtained for this development prior to construction commencing.

·         The applicant be advised that if any on site accommodation for construction is to be provided a separate application will need to be submitted prior to commencement

BADGINGARRA WINDFARM

9.4.3 REQUEST FOR EXTENSION TO PLANNING APPROVAL -  BADGINGARRA WINDFARM

Location:                   Lot 3899 Mullering Road and Lot M454 Dandaragan Road

Applicant:                 Wind Prospect WA on behalf of ME Glasfurd Nominees Pty Ltd (Lot 3899) and                  Kayanaba Holdings Pty Ltd (Lot M454)

Folder Path:             Business Classification Scheme / Development and Building Controls / Registration / Building and Development Applications

Disclosure of Interest:     None

Date:                            11 January 2013

Author:                        Robert Casella, Planning Officer

Signature of Author:

Senior Officer:               David Chidlow, Manager of Planning

Signature of Senior Officer:

PROPOSAL

The applicant is seeking a further extension of the period of planning approval for the Dandaragan Wind farm (scheduled to lapse on the 14 April 2013) to the 14 April 2015.

A copy of the planning approval is provided in the attachments along with the formal letter requesting an extension of planning approval and original planning application.

BACKGROUND

At its meeting on the 14 April 2011, Council granted conditional planning approval for two additional temporary wind monitoring towers to form part of the Dandaragan Wind farm for a period of two (2) years. The conditions of approval are as follows:

1. All development shall accord with the attached approved plan(s) and specifications dated February 2011 and subject to any modifications required as a consequence of  any condition(s) of this approval. The endorsed plans shall not be modified or altered without the prior written approval of the Shire; and

2. Approval is granted for two years after the date of erection of the towers after which time the towers are to beremoved. If the application intends to retain one or both of the towers after this time, a new application will be required to be lodged with the Council.

Advice to applicant

·         The applicant is advised to liaise with the Civil Aviation Safety Authority and Royal Australian Air Force in relation to the height and location of the wind monitoring towers.

·         This approval is valid for a period of two (2) years. If the development has not substantially commenced within this period the approval will lapse.

·         The applicant is advised that there is a right or review (appeal) against Council¡’s decision in accordance with the provisions of the Planning & Development Act 2005. In this regard contact should be made with the State Administrative Tribunal on 9219 311 or via website www.sat.justice.wa.gov.au.

The proposed sites are on Lot 3899 Mullering Road and Lot M454 Dandaragan Road, Dandaragan, both located east of the Brand Highway. The two properties have a combined area of 1980.8618 hectares (Lot 3899: 1299.7738ha, Lot M454: 692.0880ha) and both used for broad acre and diversified farming.
The masts are to be used to define the wind resources in preparation for the Dandaragan Wind Farms project. The masts will contain anemometers which measure wind speed and direction. On both the subject sites, the approval was for an 80 metre high lattice mast with guy wires. The masts are to be located a significant distance from public view.

COMMENT

The request for a 2 year extension to the Dandaragan Wind farm planning approval is considered legitimate based on the requirements of the Local Planning Scheme.

However, in granting the extension it should be made clear to the proponent that the Council¡¦s decision does not provide an avenue to change any of the current conditions of approval nor afford a right of appeal to the State Administrative Tribunal. The decision merely relates to the period of time upon which construction work must have substantially commenced, generally interpreted as ‘slab on the ground¡¦, or in this instance could mean footings completed for most of wind turbines.

CONSULTATION

There is no consultation required for this item.

STATUTORY ENVIRONMENT

Clause 10.5.2 of the Local Planning Scheme No. 7 states: 10.5.2 “a written request may be made to the local government or an extension of the term of planning approval at any time prior to the expiry of the approval period in Clause 10.5.1¨

POLICY IMPLICATIONS

There are no policy implications relevant to this item.

FINANCIAL IMPLICATIONS

The applicant is to be invoiced for $288, being 50% of the development application fee.

STRATEGIC IMPLICATIONS

Renewable energy projects deemed compatible with surrounding land uses should be encouraged through identification in future strategic planning instruments for the Shire, including any new municipal strategic plan, the Local Planning Strategy and new Local Planning Schemes.

ATTACHMENTS

Circulated with the agenda is the following item relevant to this report:

·         Request for Extension to Approval Letter ¡V Dandaragan Wind Farm Project (Doc Id: 10910) (Marked 9.4.3)

VOTING REQUIREMENT

Simple majority

OFFICER RECOMMENDATION

That Council:

1. Pursuant to Clause 10.5.2 of the Shire of Dandaragan Local Planning Scheme No.7 grant a two year extension to the planning approval granted 14 April 2011 for the Dandaragan Wind farm (Lots 3899 and M454 in the Dandaragan Locality), resulting in the revised expiry date of 14 April 2015; and

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