SJDAP/53 meeting scheduled for 23 April 2020 at 9:30am has been cancelled as - DAP/18/01366 - Department of Planning, Lands ...
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SJDAP/53 meeting scheduled for 23 April 2020 at 9:30am has been cancelled as DAP/18/01366 has been withdrawn
Southern Joint Development Assessment Panel
Agenda
Meeting Date and Time: 23 April 2020; 9:30am
Meeting Number: SJDAP/53
Meeting Venue: This meeting is available for members of the public to attend
via electronic means.
To connect to the meeting via your computer - https://zoom.us/j/98717524758
Meeting ID - 987 1752 4758
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To connect to the meeting via teleconference dial the following phone number - +61 8
7150 1149
Insert Meeting ID followed by the hash (#) key when prompted - 987 1752 4758
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This DAP meeting will be conducted by electronic means open to the public rather than
requiring attendance in person.
Attendance
DAP Members
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Mr Robert Fenn (Presiding Member)
Ms Shelley Shepherd (Specialist Member)
Cr Ian Mifflng (Local Government Member, Shire of Collie)
Cr Gary Faries (Local Government Member, Shire of Collie)
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Officers in attendance
Ms Katya Tripp (Shire of Collie)
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Minute Secretary
Ms Adele McMahon (DAP Secretariat)
Applicants and Submitters
Mr Ben Tan (Hadouken Pty Ltd)
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Members of the Public / Media
Nil
1. Declaration of Opening
The Presiding Member declares the meeting open and acknowledges the traditional
owners and pay respects to Elders past and present of the land on which the meeting is
being held.
Version: 1 Page 1In response to the COVID-19 situation, this meeting is being conducted by electronic
means open to the public. Members are reminded to announce their name and title prior
to speaking.
2. Apologies
Nil
3. Members on Leave of Absence
Nil
4. Noting of Minutes
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Signed minutes of previous meetings are available on the DAP website.
5. Declarations of Due Consideration
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Any member who is not familiar with the substance of any report or other information
provided for consideration at the DAP meeting must declare that fact before the meeting
considers the matter.
6. Disclosure of Interests
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Nil
7. Deputations and Presentations
The Shire of Collie may be provided with the opportunity to respond to questions of the
panel, as invited by the Presiding Member.
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8. Form 1 – Responsible Authority Reports – DAP Applications
Nil
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9. Form 2 – Responsible Authority Reports – Amending or cancelling DAP
development approval
9.1 Property Location: Lot 2977, No. 323 Patstone Road, Collie
Development Description: Photovoltaic Solar Facility
Proposed Amendments: Extension of Time
Applicant: Ben Tan Hadouken Pty Ltd
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Owner: Mr and Mrs Piavanini
Responsible Authority: Shire of Collie
DAP File No: DAP/18/01366
10. Appeals to the State Administrative Tribunal and Supreme Court
Nil
Version: 1 Page 211. 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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Version: 1 Page 3Form 1 - Responsible Authority Report
(Regulation 12)
Property Location: Lot 2977, No. 323 Patstone Road, Collie
Development Description: Photovoltaic Solar Facility
DAP Name: Southern JDAP
Applicant: Ben Tan Hadouken Pty Ltd
Owner: Peter and Delys Piavanini
Value of Development: $16 million
LG Reference: P008/18: A3917
Responsible Authority: Shire of Collie
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Authorising Officer: Andrew Dover
DAP File No: DAP/18/01366
Report Due Date: 26 April 2018
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Application Received Date: 23/01/2018
Application Process Days: 90 Days
Attachment(s): 1. Western Power comment
2. New Local Planning Strategy Map 3
Officer Recommendation:
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That the Southern JDAP resolves to:
1. Accept that the DAP Application reference DAP/18/01366 is appropriate for
consideration as a “solar photovoltaic facility” land use and compatible with the
objectives of the zoning table in accordance with Local Planning Scheme No. 5
Clause 4.2 of the Shire of Collie;
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2. Approve DAP Application reference DAP/18/01366 as detailed on DAP Form 2
dated 24/02/2020 in accordance with Schedule 2 Clause 68 of the Planning
and Development (Local Planning Schemes) Regulations 2015 and the
provisions of Clause 10.3 of the Shire of Collie Planning Scheme No. 5, for the
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proposed minor amendment to the approved Photovoltaic Solar facility at Lot
2977, No. 323 Patstone Road, Collie as follows:
1. Amending the approval time period to 20 April 2022.
All other conditions and requirements detailed on the previous amended approval
dated 28 May 2019 shall remain unless altered by this application.
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Details: outline of development application
Zoning MRS: NA
TPS: Rural 1
Use Class: Solar Photovoltaic Facility
Strategy Policy: Shire of Collie – Local Planning Strategy
Development Scheme: Shire of Collie Local Planning Scheme No. 5
Lot Size: 57 Ha
Existing Land Use: Agriculture - extensive
Page 1The approved development is for a 20-megawatt photovoltaic (PV) solar facility,
balance of system infrastructure and incidental earthworks at Lot 2977 Patstone
Road Collie which is located approximately 2km north of Collie.
In the Shire of Collie’s Local Planning Scheme No. 5, the land is zoned Rural 1 and
the proposed land use, being a photovoltaic solar facility, is a use not listed.
The proponent will develop the southern portion of the of the 57 Hectares lot with an
area of approximately 18 Hectares (288m x 604m) allocated to the solar PV facility.
The major component of the development is the installation of five banks of fixed tilt
PV panels connected to five inverters and ten 40-foot shipping containers for battery
storage.
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Background:
On 24 April 2018 the Southern JDAP approved an application for Solar Photovoltaic
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Facility subject to conditions.
On 28 May 2019 the Shire of Collie amended this approval to include an updated site
plan showing changes to the internal roads and location of electrical line.
Proposal
The applicant seeks approval to extend the period of validity within which the
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development must be substantially commenced by a further two years.
Legislation & policy:
Legislation
Planning and Development Act 2005
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Planning and Development (Local Planning Schemes) Regulations 2015 – Schedule
2 Deemed Provisions
Shire of Collie Local Planning Strategy
Shire of Collie Local Planning Scheme No. 5
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State Government Policies
State Planning Policy 2 – Environment and Natural Resources
State Planning Policy 2.5 - Land Use Planning in Rural Areas
State Planning Policy 3.7 – Planning in Bushfire Prone Areas
State Planning Policy 2.9 - Water Resources
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Local Policies
Nil
Consultation:
Public Consultation
The proposal was previously advertised for a period of fourteen (14) days in
accordance with Part 8 cl. 64 of Schedule 2 Deemed Provisions and involved the
following:
Page 2• A public notice in the local newspaper, The Collie Mail, on 15/02/18;
• Written notification of the proposal to surrounding land owners;
• A public notice advertised on the Shire’s website; and
• A public notice displayed at the Shire’s administration building
A total of 10 community submissions were received, 5 against the proposal, 2
sighting concerns and 1 in support. A further 2 submissions were accepted after the
closing date, both in support of the proposal.
Public advertising has not reoccurred as a result of the proponent’s request to extend
the period of validity within which the development must be substantially commenced
by a further two years.
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Consultation with other Agencies or Consultants
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The proposal was previously referred to a total of 9 agencies for comment. Those
agencies that provided comments were:
• Department of Primary Industries and Regional Development
• Department of Fire and Emergency Services
• Water Corporation
• Department of Water and Environmental Regulation
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• Civil Aviation Safety Authority
• Department of Planning, Lands and Heritage
Referrals to agencies has not reoccurred as a result of the proponent’s request to
extend the period of validity within which the development must be substantially
commenced by a further two years. However, advice from Wester Power (Grid
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Transformation Section) on the impacts of this project on their (recently announced)
planned network upgrade was sought and the response received is included as an
attachment to this report.
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Planning assessment:
The Form 2 application is made in accordance with r17(1)(a) of the Planning and
Development (Development Assessment Panels) Regulations 2011 ‘to amend the
approval so as to extend the period within which any development approved must be
substantially commenced’.
The relevant planning considerations in considering this application include:
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• Whether the planning framework has changed substantially since the
development approval 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.
Changes to the Planning Framework
In determining whether to grant an extension of validity, the Southern JDAP will need
to consider if there have been any substantive changes to the planning framework
since the application was approved.
Page 3There has been a change to the planning framework associated with the subject site
since the original approval and amended application were granted. This is in regard
to a new Local Planning Strategy that was endorsed by the WAPC, subject to
modifications being satisfactorily undertaken, on 10 December 2019.
The new Local Planning Strategy identifies the subject land as future industry (see
map 3 attached). The Shire considers that the proposal for a Solar Photovoltaic
Facility would align with the new Local Planning Strategy.
Whether the Development Would Receive Approval Now
Clause 77 (2) of Schedule 2 of the Planning and Development (Local Planning
Schemes) Regulations 2015 deals with amendments to development approval and
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states that:
“An application under subclause (1) is to be made in accordance with the
requirements in Part 8 and dealt with under this Part as if it were an application for
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development approval.”
As the approval lapses on the 20 April 2020, the landowner is seeking to have the
same application be approved for a further two years. The reason for the application
lapsing is due to the fact the development has not substantially commenced within
the two-year approval period.
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Notwithstanding, the Shire considers that the proposal would likely receive approval if
considered under the current planning framework and should therefore be approved.
Active Implementation of Development Approval
The applicant has undertaken a substantial body of work towards ensuring this
development and has fulfilled five planning conditions being:
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6 – Landscape Plan
9 – Stormwater & Drainage Management Plan
12 – Transport Statement
13 – Site Management Plan
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16 - Bushfire Management Plan
Conclusion:
For the reasons provided throughout this report, it is recommended the time
extension be granted for a period of two years.
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DShire of Collie Local Planning Strategy
Leg en d
M u rray
B o d d in g to n
La nd u se e Hospital
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Western Australian Planning Commission
T2 - M in nin u p P o o l Copyright © February 2020
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