Monday, October 17, 2016

Proposed Solar Photo Voltaic Power Facility

Joint Development Assessment Panel – Proposed Solar Photo Voltaic Power Facility 

LOTS 3899 & 105 MULLERING ROAD, CATABY
 Location: Lots 3899 & 105 Mullering Road, Cataby
Applicant: Wind Prospect on behalf of Trustpower and M Glasfurd Nominees & J Dermer
Folder Path: Development Services Apps / Development Application / 2016 / 40
Disclosure of Interest: None
Date: 9 August 2016
Author: Manager of Planning
Signature of Author:
Senior Officer: Deputy Chief Executive Officer
Signature of Senior Officer:
 PROPOSAL The proponent is seeking planning approval for up to 80 megawatt photovoltaic (PV) solar power generating facility within the proposed Waddi Wind Farm, the solar array will be located on Lot 3899 and is the subject of this planning application. The solar array will feed into a proposed substation located on Lot 105. The substation has current planning approval, however is subject to a current amendment to the wind farm planning approval to relocate onto Lot 105. The application is required to be determined by the Midwest/Wheatbelt (central) Joint Development Assessment Panel (JDAP).
BACKGROUND The planning application is for a solar photovoltaic (PV) facility and associated infrastructure with the capacity of up to 80 MW. The project would be located on land currently used for grazing and / or cropping and located within the boundary of the Waddi Wind Farm project which was issued a planning approval by the Shire of Dandaragan in 2012 and renewed in April 2015. The project would supply energy to the Waddi Wind Farm on-site substation from which energy would be exported to the South West Interconnected System. The main access to the Waddi Solar Plant would be from the Mullering Road using existing farm tracks located on the property and/or accessways constructed as part of the Waddi Wind Farm. New short augmentations to the existing tracks may be required to access the Waddi Solar Plant site. The Waddi Solar Plant would export electricity through a new distribution line (indicatively at 33kV) which would be either an overhead line or underground cable that extends from the solar plant site directly towards the proposed Waddi Wind Farm on-site substation located to the north-west of the solar plant. Located within the proposed solar plant site would be arrays of solar photovoltaic panels totalling up to 80MW in capacity, internal access tracks, underground cables to connect arrays of photovoltaic panels, solar monitoring stations, inverters, an on-site substation, maintenance and control building and perimeter fencing. The proposed 150ha solar plant site is located on a private land title which is 1228ha in area and hosts typical farm residences and infrastructure including outbuildings, sheds, dams, fences and gravel farm tracks. This land title is operated as a farm in connection with other land titles in the region together totalling over 3,400ha. The proposed 150ha solar plant site is mostly cleared of native vegetation as is much of the surrounding land on the host land title. The land is used predominately for livestock grazing, cropping and plantations. Where vegetation does remain, it is limited in extent to isolated patches, scattered trees and linear wind breaks on private land, and linear strips along the Mullering Road reserve. Waddi Wind Farm Pty Ltd has a planning approval to construct up to 12 wind turbines, including all associated infrastructure, on the same land title. The proposed 150 ha solar plant site is adjacent to the Minyulo Nature Reserve to the east and is over 7.7km south-east of Badgingarra National Park. The Minyulo Brook is located approximately 1.1km south of the solar plant site and is both a waterway and a registered Aboriginal heritage site (ID 28326). Other surrounding land is generally cleared agricultural land with patches of remnant native vegetation. The proposed solar plant site is relatively flat with only a 50m variation in elevation across the proposed 150ha site. The soils within the proposed solar plant site consist of sandy gravel. Preliminary investigations have indicated that the ground is suitable for the construction of the proposed solar plant project. The route for the distribution line is cleared of native vegetation except for the Mullering Road reserve where remnant vegetation remains. Clearing of this vegetation will be avoided by use of an overhead line that spans the road reserve. The construction of the proposed Waddi Solar Plant is expected to take between 12 to 15 months and employ up to 100 people at the peak of construction. Timeframes and employment numbers would be proportionately less if the project is constructed in stages. While construction may occur in parallel with the construction of the proposed Waddi Wind Farm, planning approval is sought for construction of the solar plant independently of the Waddi Wind Farm. The project would require approximately 2,200 truck movements to the site however no oversized vehicles requiring escort or modifications to existing road conditions are expected to be  required. A Traffic Management Plan would be prepared ahead of the commencement of construction in consultation with the Shire of Dandaragan and Main Roads WA to confirm transport routes and undertake a road condition survey to facilitate the maintenance of public roads. Once operational it is expected that operations staff would be responsible for maintaining the Waddi Solar Plant. Maintenance of fencing, weed management and other specialist services may be contracted out, locally where possible. The Waddi Solar Plant could be operated for over 20 years with refurbishment occurring as required to facilitate project life of 75 years or more.
COMMENT The subject land is currently zoned ‘Rural’ under the Shire’s Local Planning Scheme No. 7 (LPS7). The adjoining land uses are also zoned ‘Rural’ with the exception of the adjacent lot to the east, Minyulo Nature Reserve, which is reserved for ‘Conservation’ purposes. The proposed PV solar power facility is a use not specifically mentioned in the Zoning Table.
As such the Local Government may:
a) Determine that the use is consistent with the objectives of the particular zone and is therefore permitted;
b) Determine that the use may be consistent with the objectives of the particular zone and thereafter follow the advertising procedures of clause 64 of the deemed provisions in considering an application for development approval; or
c) Determine that the use is not consistent with the objectives of the particular zone and is therefore not permitted;
The objective for the Rural zone is follows; “to provide for a range of rural activities such as broadacre and diversified farming so as to retain the rural character and amenity of the locality, in such a way as to prevent land degradation and further loss of biodiversity.” More specific guidance is provided in the Shire’s draft Local Planning Strategy which was adopted by Council for advertising on 28 July 2016. Previous approvals for solar farms (Emu Downs) have been determined by the Joint Council and Development Assessment Panel as meeting the above objective. The following sections of the draft Local Planning Strategy support such applications;
Table 4: Actions – service infrastructure Action - Assess applications for wind farms and other alternative energy infrastructure, having regard to visual landscape issues  and other relevant matters set out in Planning Bulletin 67 – Guidelines for Wind Farm Development. 5.4.3 Alternative Energy There is significant potential for the Jurien Bay region to become an important area for renewable energy production projects. Wind power generation is already proving to be popular within the Jurien Bay hinterland with several projects in operation or planned. The first WA utility scale solar photovoltaic farm is also been developed north of Jurien Bay confirming the potential for solar power in the region.
There is adequate power generation within the region but the key issue for the shire is the transmission and distribution of power. The investment by energy producers in the shire may encourage energy intensive agricultural or other industries that use significant amounts of energy to locate in the area. In addition, the Rural Planning Strategy 2012 which will be superseded by the draft Local Planning Strategy supported such proposals as stated in Objective 4 of section 7.4.2.1 of the Strategy: “Support appropriate non-rural uses where they are compatible with adjoining and nearby rural uses, environmental attributes and landscape to complement the primary productive use of the land where a site contains remnant vegetation and other environmental features or lacks realistic potential for agricultural use the Council will consider the proposed non-rural uses as the predominant use on its merits.” It is considered that the solar farm will not affect the rural landscape or its agricultural pursuit, as it is comparatively a small portion of the rural lot to be utilised for the project.
The landscape surrounding the proposed solar plant location features numerous existing man-made structures including overhead transmission and distribution lines, the existing Cataby substation, mining operations and associated infrastructure, public roads and farm infrastructure including buildings and fences. An existing planning permit is in place for the development of the Waddi Wind Farm which would include the construction of wind turbines, access tracks, underground cable, an overhead transmission line, an onsite substation and a facilities building, all in the direct vicinity of the proposed solar plant site.
The proposed solar plant would be integrated with the Waddi Wind Farm to create an integrated renewable energy project creating synergies during both construction and operation. The height of the proposed solar plant arrays are less than 3 metres and located on a relatively low lying portion of the land title minimising visibility from surrounding areas. The proposed solar  plant is located over 6km from the Brand Highway, the main arterial road linking Perth to Geraldton, and may therefore be only fleetingly visible by passing traffic through road side vegetation and plantations.
The Walyering Road adjoining the proposed solar plant site to the east and the Mullering Road located 1.4km to the north both host local traffic only and comparatively low traffic movements. Views from these local roads will also be limited and screened by roadside vegetation. The Minyulo Reserve located to the east of the solar plant site appears seldom visited (as evidenced by the condition of the access track) while the vegetation within the reserve is likely to screen the visibility of the proposed solar plant from the east and south. Impact on agricultural use of land the proposed 150ha solar plant site comprises less than 12% of the land title on which it is located and less than 5% of the total farm area owned by the proprietor of the land title. As a relatively small proportion of the overall farm area, the proposed solar plant will not have a significant impact on ongoing agricultural operations. The proposed site for the solar plant was selected to minimise the effects on the use of agricultural land by rationalising land-take areas, positioning the site at the eastern periphery of the land title and in a location that facilitates use of existing farm tracks as well as access tracks that would be constructed as part of the Application for Planning Approval Actions to prevent and control the spread of agricultural weeds and plant disease to uninfested areas would include identification of risk species occurring in the region and potentially infested areas that may be traversed, implementing hygiene procedures where required (such as vehicle blow-down) before entering uninfested sites, sourcing outside materials from low risk sources, monitoring site access tracks to determine any new infestations, and carrying out appropriate remedial actions in the event that an outbreak occurs. Inconvenience to landowners and their normal farming activities will be minimised through consultation and forward planning. The construction project manager will endeavour to work with landowners to determine those periods when certain farming activities must be carried out, and construction activity timing and procedures will be tailored to meet the affected landowner’s needs as much as possible. The landowners will be updated on a regular basis regarding construction activity procedures and programming. The solar plant is proposed for an area with relatively low population density to minimise any potential visual impacts. The location of dwellings most proximate to the proposed solar plant site are shown in Attachment 7 with distances detailed in Table 3 below. Due to the distance between the proposed solar plant site and existing dwellings and with existing screening from land contours, plantations, roadside vegetation and vegetation within Minyulo Nature Reserve, the proposed solar farm is unlikely to be substantially visible from any of the dwellings listed in Table 3
Built structures proximate to the proposed solar plant site include the underground Dampier to Bunbury Natural Gas Pipeline (DBNGP) and Western Power distribution lines, both shown in Attachment 1. The DBNGP is located 1.7km to the north east of the proposed solar plant and will not be impacted by any proposed solar plant infrastructure. The applicant will consult and negotiate with Western Power to ensure there is no unacceptable impact to Western Power infrastructure. Reflection or glare from photovoltaic solar panels is minimal as they are designed to collect and absorb sunlight, not to reflect it. No issues have been identified by aviation stakeholders consulted and it is noted that photovoltaic solar panels are installed at airports in Australia and around the world. The following factors will ensure that the construction and operation of the solar plant project will not create an unacceptable fire management risk: - The proposed solar plant site is cleared farmland. - Cables connecting the PV arrays within the solar plant site will be located underground. - There is very good access to the proposed solar plant site; Given the above information, it is the Planning Officers recommendation that Council support the proposal with recommended conditions to be presented to the Joint Midwest / Wheatbelt (Central) Joint Development Assessment Panel for this application.
CONSULTATION In addition to the Shire advertising and consultation process, the applicant undertook an advertising and consultation process and has advised; Notification of the Waddi Solar Plant proposal inviting comments and further engagement has occurred with key stakeholders including approximately 26 state, federal and local government agencies, 14 private sector organisations, 9 community groups, 10 State and Federal members of Parliament and the owners of all properties involved in and proximate to the Waddi Solar Plant project. Further engagement and consultation occurred with many of these stakeholders. The consultation process commenced towards the end of 2015 and is ongoing.
This notification and consultation has consisted of:
§ Letters addressed to specific stakeholders advising of the proposed project distributed by email and/or mail
§ Newsletter and a fact sheet distributed by email and unaddressed mail to mailboxes at the Badgingarra and Dandaragan post offices;
§ Face-to-face meetings and discussions with some government agencies and interested neighbouring residents;
§ Invitations to the Information Days distributed by email, unaddressed mail to mailboxes at the Badgingarra post office and available on the counter at the Dandaragan post office;
§ Advertising of the Information Days in 4 local publications leading up to the Information Days, and posters displayed at 3 prominent community congregation points (Badgingarra and Dandaragan post offices and Shire of Dandaragan Council) and advertised by the Shire of Dandaragan on their website and Facebook page;
§ The Information Days held at the Dandaragan Community Centre on 14th and 15th April; and
§ Launching of the updated www.waddiwindfarm.com.au website on the 31st March 2016 which contains information about the Waddi Solar Plant. Copies of the newsletter, fact sheet and general correspondence sent to stakeholders are provided in the attachments.
No written stakeholder responses were received specifically in relation to the Waddi Solar Plant project. As recommended in the Environment Protection Bulletin No. 21, consultation has occurred with the Department of Environment Regulation Noise Regulation Branch and the Department of Parks and Wildlife. As the Waddi Solar Plant project progresses, engagement with stakeholders will be ongoing using newsletters, letters, emails, meetings and updates to the website. The Shire of Dandaragan undertook to advertise the proposal to all landowners that had property within 5km of the subject site boundary. This included landowners that had only portion of land within 5km. Advertising commenced on 12 July 2016 until 8 August 2016. A couple of late submissions were accepted as prior notice had been given.
The proposal was also advertised in the local newspapers circulating in the district and to the following government organisations.
§ Department of Water;
§ Wheatbelt Development Commission;
§ Western Power;
§ Western Australian Planning Commission
§ Royal Australian Air Force Combat Support Unit;
§ Main Roads Western Australia;
§ Landgate;
§ Department of Fire and Emergency Services;
§ Environmental Protection Authority;
§ Department of Regional Development State Land Services;
§ Department of Environment Regulation
§ Department of Planning;
§ Department of Lands;
§ Department of Industries and Resources;
§ Department of Health;
§ Department of Parks and Wildlife;
§ Department of Mines and Petroleum;
§ Department of Defence;
§ Department of Agriculture and Food;
§ Civil Aviation Safety Authority;
§ Air Services Australia;
§ Shire Officers. Responses are provided in the Schedule of Submissions in the Attachments.
STATUTORY ENVIRONMENT
§ Local Planning Scheme No 7.
 POLICY IMPLICATIONS
 § SPP 2.5 Land Use Planning in Rural Areas.
§ Western Australian Planning Commission’s (WAPC) Planning Bulletin No 67- Guidelines for Wind Farm Development.
§ There are no local policy implications relevant to this item.
 FINANCIAL IMPLICATIONS The applicant has paid a sum of $34,196 and $6,557 allocated to the Development Assessment Panel.
STRATEGIC IMPLICATIONS
§ Shire of Dandaragan draft Local Planning Strategy
§ Local Planning Strategy - Rural Land Use and Rural Settlement 2012.
ATTACHMENTS
Circulated with the agenda are the following items relevant to this report:
§ Application Volume 1 (Doc Id: 71441)
§ Application Volume 1 (Doc Id: 71442)
§ Schedule of Submissions (Doc Id: 71996) (Marked 9.4.4) Note – documents 71441 & 71442 have been previously circulated at the Council Forum of 28 July 2016
VOTING REQUIREMENT Simple majority
OFFICER RECOMMENDATION / COUNCIL DECISION Moved Cr Scharf, seconded Cr Sheppard That Council advise the Midwest/Wheatbelt (Central) JDAP that it supports development for a proposed 80MW Solar Photovoltaic Facility and infrastructure with recommended conditions at Lots 3899 & 105 Mullering Road, Cataby and recommends the following:
The Wheatbelt JDAP determines that the use “Solar Photovoltaic Facility” is consistent with the objectives of the “Rural” zone and is therefore permitted under section 3.4.2 of the Shire of Dandaragan Local Planning Scheme No.7. The Wheatbelt JDAP approve Department of Planning application reference DAP/16/01072 and accompanying plans prepared by Wind Prospect Pty Ltd dated 1 June 2016 (Revision D) in accordance with Regulation 68 (2) of the deemed provisions Planning and Development (Local Planning Schemes) Regulations 2015 subject to the following conditions:
1. All development shall accord with the Development Application Report prepared by Wind Prospect Pty Ltd dated 1 June 2016 (Revision D) and subject to any modifications required as a consequence of any condition(s) of this approval;
2. The endorsed plans shall not be modified or altered without the prior approval of the Midwest/Wheatbelt (Central) JDAP in accordance with Regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011;
3. This decision constitutes planning approval only and is valid for a period of five years from the date of approval. If the subject development is not substantially commenced within the three year period, the approval shall lapse and be of no further effect;
4. The proponent is to prepare, submit and adhere to a Traffic Management Plan to the requirements Main Roads WA and approval of the Local Government, with all costs met by the proponent including for condition surveys and any costs associated with the design, construction and maintenance (over a specified defect liability period) of identified required upgrades.
5. The Proponent shall prepare a Traffic Feasibility Study and Delivery Method Statement identifying any roads under the care and control of the Shire of Dandaragan that may form part of the transport route for products from the relevant port and / or local manufacturers to the site during the construction period. Any damage caused to that road(s) by the Proponent or the Proponent’s contractors shall be repaired at the Proponent’s expense to the satisfaction of the Shire of Dandaragan.
6. The Proponent shall, at the Proponent’s expense, construct and drain a sealed access driveway(s) from Mullering Road to the property boundary to the satisfaction of the Shire of Dandaragan.
7.The Proponent shall prepare and implement a Management Plan, to the satisfaction of the Shire of Dandaragan, that;
 a) minimises the impact of the approved development on the amenity of the locality due to the transportation of materials to and from the site;
b) details the temporary land uses, the built form of structures and the operation and management of those temporary uses;
 c) addresses the Proponents response to fire and emergency incidents;
d) ensures the use of buildings, works and materials on the site do not generate unreasonable levels of noise, vibration, dust, drainage, wastewater, waste products or reflected light;
e) manages weed and pest nuisances on the site and in the locality; and
f) addresses the post construction operations of the site and the removal of temporary structures;
8. Shire of Dandaragan is to be advised of completion of the solar facility.
 Advice Notes:
1. The Proponent is to liaise with the local school bus operator to ensure these runs are not disturbed due to increased volumes of traffic;
2. The proponent may wish to consider providing greater than minimum fire mitigation strategies to protect against bush fire events;
3. Storage tanks should be fitted with BFB coupling or a standpipe installed to allow for fast flow;
4. Bulk water supply for fire suppression be made available to all Emergency Services within the Shire. Building Protection zones and Firebreaks will have to be adhered to;
5. All designs associated with the proposal are to comply with the requirements of the Civil Aviation Safety Authority (CASA);
6. In relation to condition 4, prior to the commencement of any site work, the proponent is responsible to ensure that the Traffic Management Plan is lodged to Main Roads Mid West-Gascoyne Region for review and subsequently the Local Government for its approval. The Traffic Management Plan shall incorporate a Traffic Statement or Assessment (as appropriate) in accordance with the WAPC guideline, “Transport Assessment Guidelines for Developments” to ensure that impacts to intersections and the Main Roads network are addressed. The Traffic Management Plan shall include the identification of any necessary road upgrading and the provision of a dilapidation survey prior to and at the completion of the development with any damage caused to the road network used by transport vehicles accessing the site to be repaired to the requirements and approval of either Main Roads WA or the Local Government (this being dependent upon the responsible management authority of the relevant section of road reserve). Once the Traffic Management Plan is approved, the proponent from time to time is responsible to ensure that all installations, activities and processes carried out at all times and in all respects are in accordance with the Traffic Management Plan;
7. The Shire will not accept any responsibility for the failure of any pavement constructed by the Proponent within the site;
8. The Proponent is reminded of their obligations under Section 136 of the Planning & Development Act;
9. The Proponent is advised that components of the project identified in this approval are located on an adjoining title and securing long term tenure of that infrastructure is the responsibility of the Proponent;
10. This is planning approval only and a building permit for temporary and permanent structures must be obtained for this development prior to construction commencing; and
11. Should the applicant be aggrieved by this decision, or any conditions imposed, there is a Right to Review under the Planning and Development Act 2005. An application for Review must be submitted in accordance with Part XIV of the Planning and Development Act within 28 days of the date of the decision to the State Administrative Tribunal, GPO Box U1991, PERTH WA 6845. CARRIED 8 / 0