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.

JOANNA PLAINS PEAKER PROJECT

9.4.4 CARPENTER BEEF PTY LTD - APPLICATION FOR RENEWAL OF PLANNING APPROVAL - JOANNA PLAINS PEAKER PROJECT

Location:           Lot 3907, Brand Highway, Cataby

Applicant:         Carpenter Beef Pty Ltd

Folder Path:      Development Services Apps / Development Application / 2009 / 48

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 renewal of planning approval for the establishment of the Joanna Plains Peaker Project on Lot 3907 Brand Highway, Cataby.

BACKGROUND

This application was originally submitted to Council in September 2009 on behalf of Griffin Energy Development Pty Ltd. There were a number of issues relating to the application which precluded Council from giving formal consideration to the application. These issues related to mineral resources under the area of the application. These issues were resolved over a period of time and at its meeting on the 24 November 2011, Council granted conditional planning approval to the Joanna Plains Peaker Project for a period of two (2) years. The conditions of approval are as follows:

1. The proponents shall provide a Traffic Management Plan to Main Roads Western Australia 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 Western Australia Heavy Vehicle Operation Branch; and

·        The transport of all divisible and indivisible loads and acquisition of necessary permits for transport of these loads.

2. The proponents shall provide road signage to the specification and satisfaction of Main Roads Western Australia;

3. Following the submission of the application for planning approval, if the proponent proposed 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;

4. 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 vegetation on the site to the satisfaction of the Department of Environment and Conservation;

5. The Joanna Plains Peaker Project shall comply with the Environmental Protection Authorities Guidance Statement No.3 for ¡§Electric Power Generation¡¨;

6. Prior to the commencement of construction, the proponents shall commission third party noise modelling studies to demonstrate the final design complies with the relevant noise limits outlined in this approval;

7. The proponent shall ensure that no nesting birds of the endangered species Carnaby¡¦s Black Cockatoo are disturbed by any resulting works such as realignment of fence lines through or near mature trees;

8. Decommissioning of the plant and equipment on the subject land will commence within a period of 12 months from termination of operations and to be completed within a time period to the satisfaction of the Shire of Dandaragan. This will occur following submission by the proponent of a plan outlining the process of decommissioning;

9. 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;

10. 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; and

11. That following completion of the construction of the project, the Chief Executive Officer be authorised to request the proponent to undertake screen planting sufficient to screen the development from the Brand Highway.

The proposal is to construct and operate a 106MW ¡§peaking¡¨ dual fuel (diesel and gas) open cycle gas turbine power station that will efficiently supplement electricity generation during times of high electricity demand in the Mid-West Region. The project will be capable of being a standalone unit or being aligned with other wind farm projects.

The project will be located on Lot 3907 being a site characterised by gently undulating, cleared pasture lands. No native vegetation or significant habitats will be disturbed as a result of the development and construction will be carried out under best management practices.

More Information on Dandaragan Here

COMMENT

The request for a 2 year extension to the planning approval is permitted under the Local Planning Scheme;

Clause 10.5.2.of the Scheme states;

A written request may be made to the local government for an extension of the term of planning approval at any time prior to the expiry of the approval period in clause 10.5.1 (2 years).

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.

Lot 3907 is located on a property in the Cataby area approximately 160km north of Perth and approximately 21km west of the Dandaragan town site. The subject land is commonly known as Joanna Plains. The Joanna Plains farm is a 6950 hectare property comprising of four separate Certificates of Title. The particular Certificate of Title affected by this application is commonly referred to as “Marianas”.

The proposed development site comprises of an area of 1751 hectares, immediately west of the Brand Highway and is currently used for the grazing of cattle. This site was selected as the most suitable location because of the location of required infrastructure.
The Dampier to Bunbury natural gas pipeline is located 11km from the proposed site, whilst the Parmelia gas pipeline is located less than 500m from the proposed site. A 132kV power line held by Western Power traverses the site from south-east to north-west. A 330kV easement also traverses the site and Western Power is in the process of upgrading the 132kV to 330kV as part of their Pinjar to Eneabba transmission line project.

The site is currently used for grazing and was cleared some 20 to 30 years ago. The Joanna Plains farm is located on land zoned “Rural” under the Shire of Dandaragan Local Planning Scheme No.7. Land to the east of the site is also zoned Rural however, land to the north and south is reserved for “Public Purposes” and the land to the immediate west is reserved for ¡§Conservation¡¨.

Also located on the Joanna Plains farm is a cattle feedlot operation which has been operational for approximately five years and is situated 4400 metres from the site of the proposed Peaker Project. The Joanna Plains Peaker Project is considered to be separate to the feedlot as it occupies a different lot number which does not form part of this application. The subject site is currently improved by one dwelling, situated 4500 metres to the south of the proposed development site. This is currently needed for farm employees and presently houses the farm manager. The nearest private residence is the Billinue Aboriginal Community which is 3390 metres to the north of the proposed site.

The applicant advises that the following components are proposed to be used in this project:

·        2 x 60MW generators ie operating capacity of 106MW;

·        Control room;

·        Fuel oil skid;

·        Gas skid;

·        18 metre exhaust stack;

·        Maintenance / storage building;

·        Water treatment building; and

·        Fuel tanks.

It is proposed that the plant is designed and intended to be run on a remote basis. The units are capable of operating on dual fuel basis meaning the turbines can function on various fuels including bio diesel, diesel or natural gas. The units are designed as a small modular configuration that is primarily constructed offsite and prefabricated modules are transported to site and basically bolted onto the concrete slab. Each turbine can operate either independently or in sync with the other. This allows the two turbines to be progressively brought online within a short period to meet electricity demand. This means the Joanna Plains Project has the capacity to efficiently operate to a minimum output of 15MW through to a maximum output of 106MW.

The proposed substation will occupy 10% of the total area being approximately 4000 square metres and house the outdoor switch gear and a control room fitted out with switch gear, protection, metering and communication equipment.

Access to the proposed site will be located along the northern boundary of the Mariana¡¦s paddock and is directly available from the Brand Highway via a new road of approximately 1500 metres. If necessitated, the land owner is agreeable to including the proposed access drive within a dedicated easement. The access road design and the construction will need to suit the sandy soils with possible suitable construction material located about 10 kilometres away. The proposed vehicle manoeuvring area will be constructed to a suitable standard to accommodate heavy ridgid vehicles and will enable all vehicles to enter and exit the site in forward gear after performing no more than a 3 point turn. This access is the subject of a submission from Main Roads Western Australia.

General temporary facilities required for construction will include:

·        Site sheds and offices;

·        Ablution facilities;

·        Crib room;

·        Covered external area;

·        Lay down areas; and

·        Small car park.

Application for these temporary facilities will be the subject of aseparate application for planning approval as well as for the issuing of a temporary building licence. These facilities will be removed following construction and all areas disturbed will be rehabilitated. It is anticipated that the initial construction phase would be completed within six months of onsite works commencing.

CONSULTATION

The application for planning approval was previously extensively advertised in 2011. All those that made submissions in 2011 were advised by letter of the proposed extension of planning approval and requested to advise if there were any changes to their comments/advice. No formal responses of any changes have been received at the time of the preparation of this report.

STATUTORY ENVIRONMENT

·        Local Planning Scheme No 7

·        Local Planning Strategy  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 $3,751.10 for extension of the planning approval.

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:

·        Site plan (Doc Id: 16078)

·        Separation plan (Doc Id: 16080)

·        Infrastructure plan (Doc Id: 16083) (Marked 9.4.4)

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 24 November 2011 for the Joanna Plains Peaker Project on Lot 3907 Brand Highway, Cataby resulting in the revised expiry date of 24 November 2015; and

2. That the applicant be advised 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

BADGINGARRA WIND FARM - BADGINGARRA LOCALITY

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.

For more info on Dandaragan Redgum Village click this link

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