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Attachment 1.: Renewable Energy Farm Project Report Shark Lake Road, Monjingup |
Shire of Esperance
Special Council
Tuesday 17 November 2020
MINUTES
DISCLAIMER
No responsibility whatsoever is implied or accepted by the Shire of Esperance for any act, omission or statement or intimation occurring during Council or Committee meetings. The Shire of Esperance disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk.
In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by a member or officer of the Shire of Esperance during the course of any meeting is not intended to be and is not to be taken as notice of approval from the Shire of Esperance. The Shire of Esperance warns that anyone who has any application lodged with the Shire of Esperance must obtain and should only rely on written confirmation of the outcome of the application, and any conditions attaching to the decision made by the Shire of Esperance in respect of the application.
ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST
Council is committed to a code of conduct and all decisions are based on an honest assessment of the issue, ethical decision-making and personal integrity. Councillors and staff adhere to the statutory requirements to declare financial, proximity and impartiality interests and once declared follow the legislation as required.
ATTACHMENTS
Please be advised that in order to save printing and paper costs, all attachments referenced in this paper are available in the original Agenda document for this meeting.
Table of Contents / Index
ITEM
NO. ITEM HEADING PAGE
3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE
4.1 Declarations of Financial Interests – Local Government Act Section 5.60a
4.2 Declarations of Proximity Interests – Local Government Act Section 5.60b
4.3 Declarations of Impartiality Interests – Admin Regulations Section 34c
SHIRE OF ESPERANCE
MINUTES
OF
THE Special Council Meeting
HELD IN Council Chambers ON 17 November 2020.
1. OFFICIAL OPENING
The Shire President declared the meeting open at 11.02am and read an acknowledgement to country.
The President welcomed Councillors, staff, guests and members of the public to the meeting.
2. ATTENDANCE
Cr I Mickel, AM JP President Rural Ward
Cr B Parker Deputy President Rural Ward
Cr J O’Donnell Town Ward
Cr S McMullen Town Ward
Cr J Obourne Town Ward
Cr R Chambers Town Ward
Cr W Graham Rural Ward
Shire Officers
Mr S Burge Chief Executive Officer
Mr M Walker Director Asset Management
Mr S McKenzie Acting Director External Services
Ms B O’Callaghan Acting Director Corporate Resources
Mr R Hindley Manager Strategic Planning & Land Projects
Miss A McArthur Executive Assistant
Miss S Hawke Trainee Administration Assistant - Executive Services
Members of the Public & Press
Dr K Nieukerke Item 6
3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE
Cr D Piercey, JP Town Ward Granted Leave
Cr S Payne, JP Town Ward Apology
4.1 Declarations of Financial Interests – Local Government Act Section 5.60a
4.2 Declarations of Proximity Interests – Local Government Act Section 5.60b
4.3 Declarations of Impartiality Interests – Admin Regulations Section 34c
5. PUBLIC QUESTION TIME
1. Dr K Nieukerke
Dr Nieukerke questioned what the cost of decommissioning would be for the project and if there would be a trust account created for the project.
Mr Hindley responded that condition 13 is subject to a separate approval, and costs for decommissioning will not be required until this additional approval.
Cr Mickel added he is not aware of the life costs of the project or trusts being created. He explained that is can be difficult to estimate costs for operation set for over 20 years.
Development Application - Renewable Energy Facility - Lot 8 Shark Lake Road, Monjinup - DAP Application
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Author/s |
Richard Hindley |
Manager Strategic Planning & Land Projects |
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Authorisor/s |
Scott McKenzie |
Acting Director External Services |
File Ref: D20/31742
Applicant
Contract Power Australia Pty Ltd
Location/Address
Lot 8 Shark Lake Road, Monjingup
Executive Summary
For Council to consider a development application being determined by the Regional Joint Development Assessment Panel for a Renewable Energy Facility on Lot 8 Shark Lake Road, Monjingup.
Recommendation in Brief
That Council approve DAP Application reference DAP/20/1851 and accompanying plans (Attachments 1 - 21) in accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning, and the provisions of the Shire of Esperance Local Planning Scheme No. 24, subject to conditions.
Background
A development application was received by the Shire of Esperance that was over the mandatory threshold for referral to a Development Assessment Panel (DAP). As part of the new DAP process if no delegation is in place Council must make a decision on the application and the resolution is contained in the Responsible Authority Report (RAR) that is sent to the DAP. In the instance where Council make and alternative resolution to the officer’s recommendation the officer’s recommendation is also contained in the RAR.
Officer’s Comment
The subject land is zoned “General Industry” under the Shire’s Local Planning Scheme No. 24. To the west and north of the site is land zoned Rural, to the East a CBH Grain Depot has been developed and South is vacant. The land to the East and South is zoned ‘General Industry’.
A 1km buffer to the Shark Lake Industrial Park (SLIP) has been established by Special Control Area 3 – Shark Lake Industrial Park.
Above: Zoning Map of Locality
The Scheme provides objectives for zones in Table No. 3. The objectives for the “General Industry” zone are:
Table No. 3 — Zone objectives
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Zone name |
Objectives |
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General Industry |
• To provide for a broad range of industrial, service and storage activities which, by the nature of their operations, should be isolated from residential and other sensitive land uses. • To accommodate industry that would not otherwise comply with the performance standards of light industry. • Seek to manage impacts such as noise, dust and odour within the zone. |
The specific standards that apply to the “General Industry” zone are contained in Schedule 6 of the Scheme as follows:
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Zones and Land Use |
Minimum Lot Area Sq. m |
Minimum Effective Frontage m |
Max Plot Ratio |
Minimum Setbacks m |
Minimum Landscaping |
Minimum Car Spaces (Space/Sq. Metre) |
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Front |
Rear |
Side |
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ZONES |
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General Industry |
2000 |
25 |
0.8 |
20m (i), (ii) & (iii) |
Nil (iv) |
Nil (iv) |
25% of area within 12 metres of the front boundary |
Gross floor area up to and including 400 · 1 per 100 gross floor area
Gross floor area up to and including 1000 · 4 bays plus 1 bay per 150 gross floor area over 400
Gross floor area over 1000 · 8 bays plus 1 bay per 200 gross floor area over 1000
plus 1 per 40 gross office floor area Minimum 3 Spaces |
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(i) At the discretion of the local government, may be reduced to a minimum of 12m where the front and side walls within 20m of the frontage are to be constructed of hard, durable material but not including metal cladding (less than 50% metal cladding is allowed) and may incorporate glazing as approved by the local government. (ii) Where the development adjoins a road, not a Highway or an Important Local Road the front setback is to be a minimum of 12 metres which can be reduced to 6m by the Local Government after giving notice in accordance with clause 64 of the deemed provisions. (iii) In the Town of Esperance on each side of the South Coast Highway between Elysium Road and Harbour Road, a minimum setback of 40m shall apply to provide for future service roads and landscaping. (iv) Where development adjoins a Residential Zone the minimum distance shall be 10m. |
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There specific development standards within Local Planning Scheme No. 24 that would impact on the proposal.
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Item |
Requirement |
Proposal |
Compliance |
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Table 3 – Zone Objectives |
· To provide for a broad range of industrial, service and storage activities which, by the nature of their operations, should be isolated from residential and other sensitive land uses. · To accommodate industry that would not otherwise comply with the performance standards of light industry. · Seek to manage impacts such as noise, dust and odour within the zone. |
Renewable Energy Facility is a ‘D’ land use |
Complies |
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Table 4 – Zoning and Land Use Table |
Renewable Energy Facility is a ‘D’ land use in the “General Industry” zone |
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Complies |
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Front Setback |
12 metres (note (ii) in Schedule 6 under ‘General Industry’. |
Nearest development to boundary is the fence for the switch room at 12.5m |
Complies |
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Side and Rear Setback |
Nil |
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Complies |
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Parking |
Gross floor area up to and including 400 · 1 per 100 gross floor area
Gross floor area up to and including 1000 · 4 bays plus 1 bay per 150 gross floor area over 400
Gross floor area over 1000 · 8 bays plus 1 bay per 200 gross floor area over 1000
plus 1 per 40 gross office floor area Minimum 3 Spaces |
Development does not have any gross floor area |
Condition applied for 3 parking bays |
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Special Control Area 3 – Shark Lake Industrial Park |
· identify land which may be affected by emissions such as odour, noise, vibration and light from the Shark Lake Industrial Park; · ensure that the use and development of land is compatible with the proposed future use and development within the Shark Lake Industrial Park; · minimise impacts on residential and other sensitive uses from emissions such as odour, noise, vibration and light from the Shark Lake Industrial Park; and · minimise the risk of adverse impact on the RAMSAR listed Lake Warden wetland system and the Shark Lake Nature Reserve.
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Attachment 7 - Environmental Noise Assessment and Attachment 8 - Shadow Flicker Report address the requirements of Special Control Area 3 – Shark Lake Industrial Park.
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Complies |
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Special Control Area No. 5 – Wetlands of significance and Lake Warden Recovery Catchment. |
· Development is to be referred to DWER and DBCA. |
Development was referred to DWER and DBCA. |
Complies – advice notes reflect advice from DWER |
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Special Control Area No. 8 – Esperance Airport |
· Within SCA 8B development approval is required for any proposed structure which will exceed 15 metres in height. · In considering any application for development approval, subdivision or scheme amendment, the local government shall have regard to – advice from the Department of Transport and Civil Aviation Safety Authority;
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Development was referred to CASA |
Complies – conditions reflect advice from CASA. |
Consultation
The development application was referred to the Civil Aviation Safety Authority (CASA).
CASA provided the following advice:
· Airservices indicated an impact to instrument flight procedures - the 10NM MSA and Category C and D Circling and the DME or GNSS Arrival instrument procedures at Esperance Airport that can be mitigated by Airservices undertaking amendments.
· The Shire of Esperance stated that the Shire of Esperance and Esperance Airport do not envisage that the proposed permanent change to the instrument flight procedures (will adversely impact on Esperance Airport operations.
· CASA’s assessment was conducted in accordance with the National Airports Safeguarding Framework (Guideline D) as developed by the Department of Infrastructure, Transport, Regional Development and Communications, and as developed to provide planning advice to State and Local Planning Authorities to aid in safeguarding Australian airports from inappropriate development.
· With regard to Visual Flight Rules (VFR) operations, pilots are permitted to fly as low as 500 ft AGL. The turbines will reach to a height of 616 ft AGL, and therefore the turbine blades will infringe navigable airspace by 116 ft. CASA notes that the proposed changes to the 10NM MSA and Category C and D Circling and the DME or GNSS Arrival instrument procedures at Esperance Airport are considered not to adversely impact the Airport and are acceptable.
· CASA agrees with the Aeronautical Impact Assessment recommendation which states that both wind turbine generators be lit with a medium intensity steady red light at night in accordance with the requirements in Part 139 (Aerodromes) Manual of Standards.
This requirement is reflected in a condition recommended for the development.
· The coordinates and estimated survey heights of each turbine must be reported to the Airservices Australia email below for inclusion in the ERSA publication vod@airservicesaustralia.com prior to works commencing to ensure that the location of the wind farm is mapped for the information of pilots.
This requirement is reflected in a condition recommended for the development.
The development application was referred to the Department of Water and Environmental Regulation (DWER).
DWER provided the following advice:
· The planning report states that a concrete batching plant will be established on the property to supply the concrete required for the project.
· The applicant should be advised that concrete batching may be categorised as Prescribed Premises as per Schedule 1 of the Environmental Protection Regulations 1987:
Category 77 Concrete batching or cement products manufacturing: premises on which cement products or concrete are manufactured for use at places or premises other than those premises – 100 tonnes or more per year
· Based on the information provided, that concrete manufactured on the premises is for the use on the premises only for the purposes for wind tower footings, the premises should not require a works approval or licencing, however if there are any changes to this and concrete is transferred off the premises they should contact DWER for further advice.
· The applicants should also ensure compliance with the Environmental Protection (Concrete batching and cement product manufacturing) Regulations 1998.
The requirements of DWER are reflected in the advice notes recommended for the development.
The development application was referred to the Department of Biodiversity Conservation and Attractions (DBCA).
DBCA provided the following advice:
· It is considered that the proposal and any potential environmental impacts will be appropriately addressed through the existing planning framework.
The Department of Defence provided the following advice:
· The proposed windfarm meet the requirements for reporting of tall structures. Defence therefore requests that the proponent provide Airservices Australia (ASA) with “as constructed” details. The details can be emailed to ASA at vod@airservicesaustralia.com.
This requirement is reflected in a condition recommended for the development.
· Defence is supportive of the recommendation medium intensity steady red light at night in accordance with the requirements in Part 139 (Aerodromes) Manual of Standards. If LED obstacle lighting is used, it is requested that the LED light emitted falls within the wavelength range of 655 to 930 nanometres so as to be visible to pilots using night visions devices in accordance with the CASA Manual of Standards 139.
This requirement is reflected in a condition recommended for the development.
Financial Implications
Development Application Fees of $34,196 were received with respect to this application.
Asset Management Implications
N/A
Statutory Implications
Planning and Development Act 2005.
Planning and Development (Local Planning Schemes) Regulations 2015 (Schedule 2 Deemed Provisions).
· Part 8 cl 64. – Advertising applications;
· Part 9 cl. 67. – Matters to be considered by local government;
· Part 9 cl. 68. – Determination of applications.
Local Planning Scheme No. 24
· Part 2 cl. 16. – Zones;
· Part 5 cl. 36. – Special control areas;
· Schedule 6 – Development Provisions by Zone
Policy Implications
State Government Policies
Position Statement: Renewable Energy Facilities
· Section 5 – Policy measures
Strategic Implications
Strategic Community Plan 2017 - 2027
Built Environment
New developments that enhance the existing built environment
Encourage innovation and support new development
Environmental Considerations
Mostly contained within Attachment E, although there are considerations within other attachments also.
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⇩1. |
Renewable Energy Farm Project Report Shark Lake Road, Monjingup - Under Separate Cover |
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⇩2. |
3km radius on Scheme Map - Under Separate Cover |
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⇩3. |
Wind Turbine Technical Specification - Under Separate Cover |
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⇩4. |
Technical Specification Solar Modules and Tracking - Under Separate Cover |
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⇩5. |
Environmental Assessment Report - Under Separate Cover |
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⇩6. |
Esperance Wind Farm Aviation Impact Assessment - Under Separate Cover |
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⇩7. |
Visual Impact Assessment - Under Separate Cover |
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⇩8. |
Noise Impact Assessment - Under Separate Cover |
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9. |
Shadow Flicker Report - Under Separate Cover |
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⇩10. |
Safety Health & Environmental Policy - Under Separate Cover |
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⇩11. |
Migratory Bird Habitat - Under Separate Cover |
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⇩12. |
Bush Fire Attack Level Contour Map Report - Under Separate Cover |
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⇩13. |
Esperance Wind Farm EMI Study - Under Separate Cover |
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⇩14. |
Site Layout - Under Separate Cover |
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⇩15. |
Solar Power System Layout - Under Separate Cover |
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⇩16. |
Wind Tower Sections - Under Separate Cover |
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⇩17. |
Foundation Services Layout - Under Separate Cover |
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⇩18. |
Wind Turbine Arrangement - Under Separate Cover |
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⇩19. |
Solar Power System Racking Arrangement - Under Separate Cover |
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⇩20. |
Construction Layout - Under Separate Cover |
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⇩21. |
Micro Siting Addendum - Under Separate Cover |
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⇩22. |
Aviation Projects Comment on Micro Siting Addendum - Under Separate Cover |
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⇩23. |
CASA Comments - Under Separate Cover |
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⇩24. |
CASA Comments - Shire Comment - Under Separate Cover |
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⇩25. |
CASA Comments - Airservices Australia - Under Separate Cover |
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⇩26. |
DWER Comments - Under Separate Cover |
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⇩27. |
DBCA Comments - Under Separate Cover |
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⇩28. |
Defence Comments - Under Separate Cover |
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RECOMMENDATION AND DECISION
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6.1 Development Application - Renewable Energy Facility - Lot 8 Shark Lake Road, Monjinup - DAP Application |
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Seconded: Cr Chambers Council Resolution That Council: 1. Approve DAP Application reference DAP/20/1851 and accompanying plans (Attachments 1 - 21) in accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015, and the provisions of the Shire of Esperance Local Planning Scheme No. 24, subject to the following conditions:
1. Development/land use shall be in accordance with the attached approved plan(s) 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 local government.
2. The wind turbines may be sited within a 100m radius of the approved siting and the maximum overall height be raised 3.0m to an overall maximum height of 281 m AHD.
3. This decision constitutes planning approval only and is valid for a period of four years from the date of approval. If the subject development is not substantially commenced within the specified period, the approval shall lapse and be of no further effect.
4. A minimum of three car parking bays are to be provided on-site in accordance with the requirements of Australian Standard AS2890.1:2004 Parking Facilities – Off-street Car Parking, Australian Standard 2890.6 and the Building Code of Australia.
5. Where acoustic levels at a noise sensitive receiver exceeds 5 dB above background noise with a fixed lower limit of 35 dB the proponent is to enter into an agreement with the noise sensitive receiver or otherwise modify the Wind turbines so as to comply with the 5 dB above background noise with a fixed lower limit of 35 dB.
6. A register of Noise Complaints as per the Noise Management Plan must be maintained by the Occupier of the land and is to include the name of the complainant, the date, nature of the complaint and any actions undertaken as a response to the complaint. A copy of this register is to be provided to Shire of Esperance (Planning Services and Environmental Health Services) on the first business day of December and on an annual basis thereafter or at the request of Shire Officers.
7. Both wind turbine generators be lit with a medium intensity steady red light at night in accordance with the requirements in Part 139 (Aerodromes) Manual of Standards. If LED obstacle lighting is used, the LED light emitted is to fall within the wavelength range of 655 to 930 nanometres so as to be visible to pilots using night visions devices.
8. The coordinates and estimated survey heights of each turbine must be reported to Airservices Australia for inclusion in the En Route Supplement Australia (ERSA) publication via the following email vod@airservicesaustralia.com prior to works commencing to ensure that the location of the wind farm is mapped for the information of pilots.
9. The Proponent shall ensure the installation of any traffic warning/safety signage in relation to the approved development during the transportation, construction and decommissioning phases is to the satisfaction of Main Roads WA and the Local Government.
10. Repairing of any damage to the road network including the surface is required by reason of use of State and local roads in connection with the development to the satisfaction of Main Roads WA and the Local Government, with all costs required to be met by the Proponent.
11. No signs or hoardings are to be erected on the lot without the prior written approval of the local government.
12. A landscape plan be prepared, addressing screening vegetation and fencing, and implemented prior to occupancy to the satisfaction of the Shire of Esperance.
13. A decommissioning program should be separately developed in relation to removal of the facility and any rehabilitation requirements to the satisfaction of the local government.
1. It is the responsibility of the applicant to ensure that building setbacks correspond with the legal description of the land. This may necessitate re-surveying and re-pegging the site. The Shire of Esperance will take no responsibility for incorrectly located buildings or structures.
2. It is the responsibility of the developer to search the title of the property to ascertain the presence of any easements and/or restrictive covenants that may apply.
3. The Proponent is advised that this is a development approval only which does not negate the requirement for any additional approvals that may be required under separate legislation including but not limited to the National Construction Code, Building Act 2011, Public Health Act 2016, Environmental Protection (Noise) Regulation 1997, Traffic Act 2000, Main Roads Act 1930, Aboriginal Heritage Act 1972, Civil Aviation Act 1988, Civil Aviation Safety Regulations 1998 and the obtaining of works licences as required. It is the Proponent’s responsibility to obtain any additional approvals required before the development / use lawfully commences.
4. The proponent is advised that that concrete batching may be categorised as Prescribed Premises as per Schedule 1 of the Environmental Protection Regulations 1987.
5. The proponent is advised that compliance is required with the Environmental Protection (Concrete batching and cement product manufacturing) Regulations 1998.
6. 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.
7. If an applicant is aggrieved by this determination there is a right (pursuant to the Planning and Development Act 2005) to have the decision reviewed by the State Administrative Tribunal. Such application must be lodged within 28 days from the date of determination.
8. Any additions to or change of use of any part of the building or land (not the subject of this approval) requires further application and development approval. F7 – A0 |
