Mid-West/Wheatbelt Joint Development Assessment Panel Agenda... · Applicant: Sun Brilliance Power...

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Mid-West/Wheatbelt Joint Development Assessment Panel Agenda Meeting Date and Time: 6 December 2018; 12pm Meeting Number: MWWJDAP/31 Meeting Venue: TELECONFERENCE Department of Planning, Lands and Heritage 140 William Street Perth Attendance DAP Members Mr Paul Kotsoglo (Presiding Member) Mr Vernon Butterly (A/Deputy Presiding Member) Mr Jason Hick (A/Specialist Member) Cr Alison Harris (Local Government Member, Shire of Cunderdin) – via teleconference Officers in attendance Ms Jacky Jurmann (Shire of Cunderdin) – via teleconference Minute Secretary Ms Zoe Hendry (DAP Secretariat) Applicants and Submitters Prof Ray Wills (Sun Brilliance Power Pty Ltd) – via teleconference Mr Ray Lehman Members of the Public / Media Nil 1. Declaration of Opening The Presiding Member declares the meeting open and acknowledges the past and present traditional owners and custodians of the land on which the meeting is being held. 2. Apologies Ms Jacky Jurmann (Deputy Presiding Member) Mr Andrew Mack (Specialist Member) 3. Members on Leave of Absence Nil Version: 3 Page 1

Transcript of Mid-West/Wheatbelt Joint Development Assessment Panel Agenda... · Applicant: Sun Brilliance Power...

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Mid-West/Wheatbelt Joint Development Assessment Panel Agenda

Meeting Date and Time: 6 December 2018; 12pm Meeting Number: MWWJDAP/31 Meeting Venue: TELECONFERENCE

Department of Planning, Lands and Heritage 140 William Street Perth

Attendance

DAP Members

Mr Paul Kotsoglo (Presiding Member) Mr Vernon Butterly (A/Deputy Presiding Member) Mr Jason Hick (A/Specialist Member) Cr Alison Harris (Local Government Member, Shire of Cunderdin) – via teleconference

Officers in attendance

Ms Jacky Jurmann (Shire of Cunderdin) – via teleconference

Minute Secretary

Ms Zoe Hendry (DAP Secretariat)

Applicants and Submitters

Prof Ray Wills (Sun Brilliance Power Pty Ltd) – via teleconference Mr Ray Lehman

Members of the Public / Media

Nil

1. Declaration of Opening

The Presiding Member declares the meeting open and acknowledges the pastand present traditional owners and custodians of the land on which the meetingis being held.

2. Apologies

Ms Jacky Jurmann (Deputy Presiding Member)Mr Andrew Mack (Specialist Member)

3. Members on Leave of Absence

Nil

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4. Noting of Minutes

Signed minutes of previous meetings are available on the DAP website.

5. Declarations of Due Consideration

Any member who is not familiar with the substance of any report or otherinformation provided for consideration at the DAP meeting must declare thatfact before the meeting considers the matter.

6. Disclosure of Interests

Member Item Nature of Interest Ms Jacky Jurmann 8.1 Direct Pecuniary Interest –

Ms Jurmann is contracted by the Shire of Cunderdin to provide town planning services and will be the author of the RAR.

7. Deputations and Presentations

7.1 Mr Ray Lehman presenting against the application at Item 9.1. The presentation will address the RAR, social impact, amenity and traffic.

The Shire of Cunderdin may be provided with the opportunity to respond to questions of the panel, as invited by the Presiding Member.

8. Form 1 – Responsible Authority Reports – DAP Applications

Nil

9. Form 2 – Responsible Authority Reports – Amending or cancelling DAPdevelopment approval

9.1 Property Location: Lot 801 Great Eastern Highway, Cunderdin Development Description: Development of 100MW Solar Farm Facility Proposed Amendments Amend condition 1 which requires the

development approved to be substantially commenced within two years of the date of approval, and amend this period for development to be substantially commenced by 28 November 2020.

Applicant: Sun Brilliance Power Pty Ltd Owner: Sun Brilliance Solar One Pty Ltd Responsible Authority: Shire of Cunderdin DAP File No: DAP/16/01112

10. Appeals to the State Administrative Tribunal

Current Applications LG Name Property Location Application Description Shire of York

Lots 4869, 5931, 9926 and 26934 Great Southern Highway, St Ronans

Allawuna Farm Landfill

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11. General Business / Meeting Closure

In accordance with Section 7.3 of the DAP Standing Orders 2017 only the Presiding Member may publicly comment on the operations or determinations of a DAP and other DAP members should not be approached to make comment.

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Form 2 – Responsible Authority Report (Regulation 17)

Property Location: Lot 801 Great Eastern Highway, Cunderdin Development Description: Development of 100MW Solar Farm Facility Proposed Amendments: Amend condition 1 which requires the

development approved to be substantially commenced within two years of the date of approval, and amend this period for development to be substantially commenced by 28 November 2020.

DAP Name: Mid-West Wheatbelt Joint DAP Applicant: Sun Brilliance Power Pty Ltd Owner: Sun Brilliance Solar One Pty Ltd Value of Amendment: $160 million LG Reference: DA 2016/17-6(A1) Responsible Authority: Shire of Cunderdin Authorising Officer: CEO, Shire of Cunderdin DAP File No: DAP/16/01112 Report Date: 8 November 2018 Application Received Date: 1 November 2018 Application Process Days: 7 days Attachment(s): 1: Previous Determination Notice

2: Council Report & Resolution Officer Recommendation: That the Mid-West/Wheatbelt Joint Development Assessment Panel resolves to: 1. Accept that the DAP Application reference 16/01112 as detailed on the DAP

Form 2 dated 30 October 2018 is appropriate for consideration in accordance with regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011;

2. Approve the DAP Application reference 16/01112 as detailed on the DAP

Form 2 date 30 October 2018 in accordance with regulation 17(4) of the Planning and Development (Development Assessment Panels) Regulations 2011 and clause 68 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, for the proposed minor amendment to the approved development of a 100MW Solar Farm and associated infrastructure and animal grazing at Lot 801 Great Eastern Highway, Cunderdin, subject to:

Amended Conditions 1. This decision constitutes development approval only and is valid for a period

of 4 years from the date of the original determination (i.e. 28 November 2016). If the subject development is not substantially commenced within the 4 year period, the approval shall lapse and be of no further effect.

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All other conditions and requirements detailed on the previous approval dated 28 November 2016 shall remain unless altered by this application. Details: outline of development application Insert Zoning MRS: N/a TPS: General Agriculture Insert Use Class: Use Not Listed Insert Strategy Policy: N/a Insert Development Scheme: N/a Insert Lot Size: 165.43 hectares Insert Existing Land Use: Farming (cropping & grazing) The Mid-West/Wheatbelt Joint Development Assessment Panel conditionally approved on 28 November 2016 the construction of a 100MW Solar Photovoltaic Power Plant on the subject property known as ‘Creswick’. The Applicant estimated at the time of application that the farm would contain approximately 330,000 solar panels covering 140 hectares of the 165.43 hectare property. A sub-station will also be constructed to connect into Western Power’s grid located 2.5 kilometres south of the property. Background: The subject property is located east of the Cunderdin townsite and contains a number of structures, including two dwellings, sheds and farm infrastructure that have been used in conjunction with traditional broad-hectare cropping and grazing activities. Refer to Figure 1. A Western Power easement is located across the front portion of the property, which is part of the Cunderdin-Kellerberrin transmission line. Western Power has been consulted and details of their response are included in the Schedule of Submissions. In 2013, a smaller 5MW solar farm proposal occupying 10-15 hectares of the subject site was granted conditional approval by the Shire, which did not proceed and the approval subsequently lapsed.

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Figure 1 - Location Plan Legislation and Policy: Legislation Planning and Development Act 2005 • Part 5 of the Act provides a statutory head of power for the Shire of Cunderdin to

prepare, adopt and implement a local planning scheme. • Part 14 of the Act provides a right of review by the State Administrative Tribunal If

an applicant or owner is aggrieved by the determination of their development application. An application for review must be made within 28 days of the determination.

Planning and Development Regulations 2009 • Part 7 of the Regulations enables local government to charge specified fees for

planning services, including development applications. Fees have been charged in accordance with the Regulations.

Planning and Development (Development Assessment Panels) Regulations 2011 • The value of the development exceeded $10 million and was therefore a

‘mandatory’ DAP application that was determined by the Mid-West/Wheatbelt Joint Development Assessment Panel.

• The Form 2 application has been submitted under the provisions of regulation 17 as a minor amendment to request an extension of time by amending condition 1 of the development currently approved by the DAP to be amended.

Planning and Development (Local Planning Schemes) Regulations 2015 • Schedule 2 of the Regulations contained the ‘deemed provisions’, including Parts

7, 8 and 9 apply to applications for development approval, which have been considered in the assessment of this application as detailed in the Assessment section of this Report.

Cunderdin townsite

Subject site

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Shire of Cunderdin Local Planning Scheme No. 3 (LPS3) • The subject property is zoned General Agriculture under the provisions of LPS3. • The development of the land for the purposes of a Solar Farm Facility is not

specifically listed in the zoning table or defined in the Scheme. • Council at its Ordinary Meeting held on 15 September 2016 resolved to assess

the application in accordance with the provisions of clause 3.4.2(b) of LPS3. Main Roads Act 1930 • The Great Eastern Highway is a road under the control of Main Roads and as

such were consulted during the assessment of the original application.

Legislation Planning and Development Act 2005 • Part 5 of the Act provides a statutory head of power for the Shire of Cunderdin to

prepare, adopt and implement a local planning scheme. • Part 14 of the Act provides a right of review by the State Administrative Tribunal If

an applicant or owner is aggrieved by the determination of their development application. An application for review must be made within 28 days of the determination.

Planning and Development (Development Assessment Panels) Regulations 2011 • The value specified in the original application exceeded $10 million and was

therefore a ‘mandatory’ DAP application determined by the Mid-West/Wheatbelt Joint Development Assessment Panel.

• Regulation 17 provides for the amendment or cancellation of an application determined by a DAP.

Planning and Development (Local Planning Schemes) Regulations 2015 • Schedule 2 of the Regulations contained the ‘deemed provisions’, including Parts

7, 8 and 9 that apply to applications for development approval, which have been considered in the assessment of this application as detailed in the Assessment section of this Report.

Shire of Cunderdin Local Planning Scheme No. 3 (LPS3) • The subject property is zoned General Agriculture under the provisions of LPS3.

The proposed use of the land for the purposes of a Solar Farm Facility is not specifically listed in the zoning table or defined in the Scheme.

• A Report was presented to Council at its Ordinary Meeting held on 15 September 2016 to consider the provisions of clause 3.4.2 of LPS3. It was resolved, as recommended by the Officer, to assess the application in accordance with the provisions of clause 3.4.2(b), that is, the use may be consistent with the zone objectives. A copy of the Report is provided at Attachment 4.

• The Planning Assessment section of this Report provides a detailed assessment of the relevant provisions of LPS3.

Main Roads Act 1930 • The Great Eastern Highway is a road under the control of Main Roads and

accordingly Main Roads were invited to comment on the proposal.

State Government Policies State Planning Policy No. 1 – State Planning Framework

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• SPP1 sets out the general principles for land use planning and development in the State and aims to provide a framework to provide for the sustainable use and development of land. The Framework is supported by five principles, which are: 1. Environment: To protect and enhance the key natural and cultural assets of

the State and deliver to all West Australians a high quality of life which is based on environmentally sustainable principles.

2. Community: To respond to social changes and facilitate the creation of vibrant, safe and self-reliant communities.

3. Economy: To actively assist in the creation of regional wealth, support the development of new industries and encourage economic activity in accordance with sustainable development principles.

4. Infrastructure: To facilitate strategic development by making provision for efficient and equitable transport and public utilities.

5. Regional Development: To assist the development of regional Western Australia by taking account of the special assets and accommodating the individual requirements of each region.

State Planning Policy No. 2.5 – Land Use Planning in Rural Areas • SPP2.5 provides guidance to consider the need to provide economic

opportunities for rural communities and to protect the State’s primary production and natural resource assets. The Policy provides the framework for the WAPC to promote rural zones in schemes as highly flexible zones that cater for a wide range of rural land uses supporting primary production and value adding, small-scale tourism, environmental protection and biodiversity conservation; together with considering the differing needs of the various regions and regional variations.

State Planning Policy 3.7 – Planning in Bushfire Prone Areas • The site is not identified as bushfire prone and therefore the provisions of this

policy are not applicable to the development proposal. • It is worthwhile noting, however, that local fire break requirements are applicable. State Sustainability Strategy (2003) • The Strategy establishes a sustainability framework containing principles, visions,

and goals. It seeks to ensure that sustainability is considered and incorporated into decisions and actions for the future of Western Australia at all levels.

Wheatbelt Regional Planning and Infrastructure Framework • The Framework provides an overview of regional planning issues and a basis for

ongoing planning and development. • It is acknowledged that the region offers an abundant source of renewable

energy due to the climatic and geographic conditions, which area conducive to alternative energy generation such as wind, solar, geothermal and biomass generation.

Draft Position Statement on Renewable Energy Facilities (May 2018) • The Western Australian Planning Commission (WAPC) has released a draft

position statement on renewable energy facilities for public comment. • The draft statement outlines key planning and environmental considerations for

the location, siting and design of renewable energy facilities. • It aims to facilitate appropriate development of renewable energy facilities while

minimising any potential impact upon the environment and valued landscapes. • It also encourages informed public engagement early in the renewable energy

facility planning process.

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• The proposed development is consistent with the position statement. Local Policies Cunderdin Local Planning Strategy The LPS was adopted in 2007 and aims to provide a framework for strategic planning in the Shire. In regards to rural land, the LPS aims to protect agricultural land, promote sustainability and encourage diversity, including tourism uses to reduce reliance on agriculture as the primary industry. Draft Shires of Cunderdin, Quairading & Tammin Regional Local Planning Strategy & Draft Shire of Cunderdin Local Planning Scheme No. 4 Council resolved to prepare and adopt for advertising purposes the draft RLPS and draft LPS4 on 23 October 2018. Although the documents have not been advertised and therefore not considered to be ‘seriously entertained planning documents’, it is worth noting that the proposed solar farm is consistent with the aims an objectives of these documents, and would not affect its approval now. Cunderdin Strategic Community Plan The aim of the Plan is to manage growth sustainably through governance, leadership and targeted service and economic growth by adopting specific goals, including – maintaining and enhancing the area’s infrastructure; and strengthening local business and employment capacity. The Plan also aims to position the Shire as a regional strategic location and transport hub Consultation: Public Consultation The original application was advertising in accordance with the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015. The issues raised in the submissions were considered in the original assessment and determination of the application. Consultation with other Agencies or Consultants The original application was referred to the relevant agencies and no objections were raised. It is understood that the Applicant has been liaising with the relevant agencies to implement the project. Planning Assessment: Request to Amend Condition 1 Condition 1 states that:

“This decision constitutes planning approval only and is valid for a period of 2 years from the date of approval. If the subject development is not substantially commenced within the 2 year period, the approval shall lapse and be of no further effect.” The Applicant has requested that the period of validity of approval be extended for a further two years from 28 November 2018 to 28 November 2020. DAP Practice Note covers Form 2, Regulation 17, Minor Amendment Applications. At part 9, it states that:

“Where a Form 2 application is made in accordance with r.17(1)(a) ‘to amend the approval so as to extend the period within which any development approved must be substantially commenced’ the relevant planning considerations should include:

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• Whether the planning framework has changed substantially since the development was granted;

• Whether the development would likely receive approval now; and

• Whether the holder of the development approval has actively and relatively conscientiously pursued the implementation of the development approval.”

The following comments are made with respect to the matters identified above:

• Planning framework There have been no substantial changes to the planning framework since approval of the application. Council at its meeting held on 23 October 2018 resolved to prepare a new local planning scheme, however there are no changes to the zoning or other provisions that affect the property.

• Would approval be granted now Having regard to:

• the comments that have been made immediately above; • the lack of change to any other component of the planning framework

since approval was first granted; and • there being no changes to the proposed development, the proposal

would receive the same Officer recommendation today (approval) as it did when the application was originally determined.

• Implementation of the DA The Applicant’s submission in regards to demonstrating implementing the DA is as follows:

“Sun Brilliance Power Pty Ltd has actively and conscientiously pursued implementation of the development under the approved development term. However, third party processes, discussions and negotiations have taken considerably more time than expected delaying development, financing, procurement, construction, commissioning and operations.

As a result, Sun Brilliance Power Pty Ltd is now requesting to extend the approval term to the 28 November 2020.

Progress to date: • Environmental studies and heritage clearances have been obtained. • Preliminary Geotechnical studies have been completed. • Owners Engineers have developed and completed the Concept Design

and Specifications for the Plant, Current and Voltage Transformers as well as identification of Medium Voltage Transformers that will meet the Solar Farm’s specifications.

• Owners Engineers have undertaken and completed 22 kV single Line Diagrams and HV Single Line Diagrams which were submitted to Western Power (WP) with the Access application and were approved by WP.

• Independent Engineers have undertaken and completed the environmental and technical due diligence for the Facility and Functional Technical Specifications for an EPC contract.

• Selection process of EPC contractor has been finalised and an ASX listed EPC has been selected as the preferred contractor.

• Early works which includes detailed Geotech studies, hydro studies, survey, Solar Farm design and engineering etc is currently being undertaken by the EPC.

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• Electricity Transfer Access Contract, Interconnection Works Agreement and an Asset Purchase Agreement have been executed with Western Power – all agreements with Western Power are now in place.

Sun Brilliance Power Pty Ltd is totally committed to the implementation of the 100MW Solar Farm development and are progressing as quickly as practically possible.”

Officer Comments As indicated in this report, the application to amend condition 1 to extend the period for substantial commencement from 2 years to 4 years is supported. The proposed time period of 4 years for substantial commencement is consistent with a number of recent JDAP approvals, including:

• Shire of Merredin solar photovoltaic facility approval for 4 years [DAP/17/01195, MWW JDAP 18]

• Shire of Northam solar photovoltaic facility approval for 4 years [DAP/17/01197, MWW JDAP 18]

• Shire of Dandaragan solar photovoltaic facility approval for 5 years [DAP/16/01072, MWW JDAP 10]

• City of Greater Geraldton solar photovoltaic facility approval for 5 years [DAP/16/01055, MWW JDAP 8]

Options/Alternatives: The JDAP may determine the application in accordance with the provisions of r.17(4) by approving, with or without conditions, or by refusing. Council Recommendation: Council considered the proposed amendment at its Ordinary Meeting held on 15 November 2018. The Report and Resolution of Council are attached to this RAR. Conclusion: It is recommended that:

1. Condition 1 be modified for the reasons identified within the body of this report to so as to now read: “This decision constitutes development approval only and is valid for a period of 4 years from the date of the original date of determination (i.e. 28 November 2016). If the subject development is not substantially commenced within the 4 year period, the approval shall lapse and be of no further effect.”

2. All other conditions and requirements detailed within the previous approval dated 28 November 2016 shall remain unless altered by this application.

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Postal address: Locked Bag 2506 Perth WA Street address: 140 William Street Perth WA 6000 Tel: (08) 6551 9919 Fax: (08) 6551 9961 TTY: 6551 9007 Infoline: 1800 626 477

[email protected] www.planning.wa.gov.au ABN 35 482 341 493

LG Ref: DA2016/17-6 DoP Ref: DAP/16/01112

Mr Kalwant Dhillon Sun Brilliance Power Pty Ltd Unit 2, 6 Merino Entrance, Cockburn Central WA 6164 Dear Mr Dhillon Mid-West/Wheatbelt JDAP – Shire of Cunderdin – DAP Application DA2016/17-6 Determination Lot 801 Great Eastern Highway, Cunderdin Development of 100MW Solar Farm Facility Thank you for your application and plans submitted to the Shire of Cunderdin on 8 September 2016 for the above development at the abovementioned site. This application was considered by the Mid-West/Wheatbelt Joint Development Assessment Panel at its meeting held on 28 November 2016, where in accordance with the provisions of the Shire of Cunderdin Local Planning Scheme No. 3, it was resolved to approve the application as per the attached notice of determination. Should the applicant not be satisfied by this decision, a DAP Form 2 application may be made to amend or cancel this planning approval in accordance with regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011. Please also be advised that there is a right of review by the State Administrative Tribunal in accordance with Part 14 of the Planning and Development Act 2005. Such an application must be made within 28 days of the determination, in accordance with the State Administrative Tribunal Act 2004. Should you have any queries with respect to the conditions of approval, please contact Ms Jacky Jurmann on behalf of the Shire of Cunderdin on (08) 9635 2700 or 0448 009 037. Yours sincerely,

Michelle Tan DAP Secretariat

06/12/2016

Encl. DAP Determination Notice

Approved plans

Cc: Ms Jacky Jurmann Shire of Cunderdin PO Box 100 CUNDERDIN WA 6407

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Planning and Development Act 2005

Shire of Cunderdin Local Planning Scheme No. 3

Mid-West/Wheatbelt Joint Development Assessment Panel

Determination on Development Assessment Panel Application for Planning Approval

Location: Lot 801 Great Eastern Highway, Cunderdin Description of proposed Development: Development of 100MW Solar Farm Facility In accordance with regulation 8 of the Planning and Development (Development Assessment Panels) Regulations 2011, the above application for planning approval was granted on 28 November 2016, subject to the following: Approve the development of a 100MW Solar Farm and associated infrastructure and animal grazing at Lot 801 Great Eastern Highway, Cunderdin as proposed in the DAP Application reference DAP/16/01112 and accompanying plan (Figures 1 and 2) dated 8 September 2016, in accordance with the Shire of Cunderdin Local Planning Scheme 3 subject to the following conditions: Conditions 1. This decision constitutes planning approval only and is valid for a period of 2

years from the date of approval. If the subject development is not substantially commenced within the 2 year period, the approval shall lapse and be of no further effect.

2. This approval does not include the ancillary tourism component of the

development detailed in Figure 3. 3. The siting of the solar panels and ancillary infrastructure shall be a minimum of

20 metres from the property’s road boundaries and the top of the bank of the creek running through the site, 10 metres from all remaining property boundaries and not encroach into Western Power’s power line easement.

4. The sub-station shall be constructed on-site a minimum of 200 metres from the

nearest existing residence. An amended site plan, drawn to scale, shall be submitted prior to commencement of construction of the sub-station demonstrating compliance with this requirement.

5. Prior to the commencement of works, a Landscaping Plan shall be submitted to

the local government for approval detailing landscaping and fencing to be provided along the perimeter of the subject site sufficient to provide a visual buffer to motorists and nearby properties. Following approval, the Applicant must implement and maintain the measures described in the Landscaping Plan.

6. Prior to the commencement of any works, a Construction Management Plan

shall be submitted to the local government for approval detailing;

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a. the management of construction noise, dust, light spill, working hours, waste disposal and other activities to minimise the impacts on the locality;

b. MRWA approval for the delivery of all construction materials with all vehicles entering and exiting the site from Great Eastern Highway

c. any potential staging of the development; d. the management of farming operations during the construction period; and e. any potential impacts that the development may have upon Fiergert Road,

the measures to be taken by the Applicant to minimise those impacts upon other road users and the measures to repair any damage caused to the local government’s infrastructure.

Following approval, the Applicant must implement and monitor the measures described in the Construction Management Plan.

7. Prior to the commencement of any works, the Applicant shall submit for the

approval of the local government, a Traffic Impact Assessment and a Traffic Management Plan prepared by a suitably qualified person, in conjunction with Main Roads WA, to define the necessary improvements and management arrangements that will be required to accommodate the anticipated vehicle movements triggered by the development.

8. With the exception of a compound immediately surrounding the sub-station, all

fencing on the site shall be of permeable chain mesh or a rural post and wire construction to the satisfaction of the local government.

9. The Applicant shall:

a. minimise the off-site visual impacts of the development, including the potential for any glare or reflection from the solar panels;

b. ensure the visual appearance of all ancillary infrastructure (including paint colours) blends in as far as possible with the surrounding landscape; and

c. not mount any advertising signs or logos on site, except where this is required for safety purposes, unless with approval from the local government.

10. The Applicant shall comply with Australian Standard AS4282 (1997) – Control

of the Obtrusive Effects of Outdoor Lighting.

11. All solar panels and ancillary infrastructure must be decommissioned and removed within 2 years of the cessation of operations, unless the local government agrees otherwise, and the Applicant shall rehabilitate the site to the satisfaction of the local government to enable broad-hectare or other approved farming activities to resume/continue.

12. All electrical distribution and reticulation cabling associated with the approved development on the subject land shall be placed underground.

13. Prior to the commencement of development the applicant is to submit a Fire

and Emergency Management Plan to the local government for approval and shall at all times thereafter ensure the implementation of the approved Fire and Emergency Management Plan.

14. All stormwater is to be contained on the subject site to the satisfaction of the

local government.

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Advice Notes 1. 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. The Applicant is reminded of Regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011 which amongst other things allow for the JDAP to extend the term of planning approval.

2. If an applicant or owner is aggrieved by this determination there is a right of

review by the State Administrative Tribunal in accordance with the Planning and Development Act 2005 Part 14. An application must be made within 28 days of the determination.

3. Prior to commencement of the development hereby determined, a Building

Permit or Demolition Permit may be required in accordance with the provisions of the Building Act 2011.

4. An application for a crossover or any works on the footpath/verge area will be

required prior to carrying out any works. The applicant should liaise with the Shire’s Works Manager.

5. The Applicant is responsible for all costs associated with any required road

upgrades, including design and approvals. 6. The applicant is encouraged to negotiate with Western Power to have the

reticulation cabling, running within Fiegert Road to connect the approved development with Western Power’s 132KV line, placed underground.

7. The Applicant is reminded of the requirements of the Environmental Protection

(Noise) Regulations 1997. Where an approval has so lapsed, no development shall be carried out without further approval having first been sought and obtained, unless the applicant has applied and obtained Development Assessment Panel approval to extend the approval term under regulation 17(1)(a) of the Planning and Development (Development Assessment Panels) Regulations 2011.

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Figure 1 – Location Plan

DEVELOPMENT ASSESSMENT PANELS APPROVED 28 NOVEMBER 2016

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Figure 2 – Site Plan

DEVELOPMENT ASSESSMENT PANELS APPROVED 28 NOVEMBER 2016

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