Statewide Windfarms Development Plan Amendment, South Australia
Development Policy Advisory Committee
Summary of Consultation and Recommended Amendments Report
1. INTRODUCTION
This report provides an account of the consultation process and the matters raised during the Public Consultation period in respect of the draft Statewide Wind Farms Development Plan Amendment, together with recommendations regarding the draft Development Plan Amendment.
2. CONSULTATION
Consultation process
Statutory consultation with the public, Local Government and State Government Agencies, has been undertaken in accordance with the Development Plan Amendment process B and in accordance with Section 26 of the Development Act 1993.
The consultation period commenced on 19 October 2011 and concluded on 13 December 2012.
A list of the State Government Agencies, organisations and persons who were advised of the draft Development Plan Amendment is contained in Attachment B.
Public notification
Notices were published in The Advertiser on 22 October 2011 and 7 January 2012.
Copies of statutory and other public notification documents are contained in Attachment C.
The draft Development Plan Amendment was placed on display at the offices of the Department of Planning, Transport and Infrastructure (North Terrace, Adelaide) and was made available at the offices of thi:3 Adelaide City Council, the City of Port Lincoln, Naracoorte Lucindale Council and the Regional Council of Goyder. The draft Development Plan Amendment was also available for viewing on the Department’s website.
3. SUBMISSIONS
Public submissions
Two hundred and forty five (245) public submissions have been received.
A broad range of issues have been raised in these submissions. The main issues are summarised below:
• the desire for policy that is supportive of wind farms to be targeted to areas that possess a combination of the following features:
– known to accommodate comparatively low population and dwelling density;
– not of environmental, scenic and I or agricultural value; and
– experiences sufficient wind energy to make a windfarm viable and is proximate to existing electricity transmission infrastructure;
• noise arid vibration produced by wind turbines and the effects of this on human health;
• the visual impacts of wind turbines and the appropriateness of proposed policy regarding acceptance and management of these impacts;
• proposed notification and appeal right triggers for development applications proposing wind turbines;
• separation distances between wind turbines,dwellings and townships;
• impacts of wind turbines on aerial activities associated with agriculture, fire fighting and emergency rescue;
• bushfire risk associated with wind turbines;
• environmental impacts of wind turbines including:
– impacts on birds and bats;
– impacts on vegetation;
– impacts on water resources;
– impacts of vehicle movements associated with construction and decommissioning of wind farms; and
– movement of dust, seed (including pest seed) and agricultural chemicals.
• decommissioning of wind turbines and rehabilitation of wind turbine sites;
• impacts of wind turbines on property values;
• social impacts of wind turbines (ie on neighbours and community relations);
• the efficiency of wind turbines and the role that such infrastructure should play in generation of electricity;
• the use of interim operation in respect of the draft Development Plan Amendment;
• consultation techniques and timing (ie the location of Public Meetings relative to the location of interested parties and likely sites for wind turbines and conflict with school holidays and farm harvesting activities);
• the ability to separate components of wind farm developments (ie turbines from transmission infrastructure such as power lines and substations) in a development assessment context.
These issues are discussed in detail in Attachment A.
Council submissions
Twenty eight (28) submissions have been received from Council and three (3) submissions from the various Local Government Associations have also been received. The main issues raised in these submissions are:
• the desire for policy that is supportive of wind farm development to be spatially targeted;
• the visual impacts of wind turbines and the appropriateness of proposed policy regarding acceptance and management of these;
• notification, comment and appeal rights associated with Development Applications proposing wind turbines;
• the administrative and resource burden associated with the assessment of Development Applications proposing wind farms;
• dissatisfaction with the consultation process and timing (ie the location of public meetings and conflict with school holidays and farm harvesting activities); and
• repetition of proposed policy and consistency with South Australian Planning Policy Library (formerly Better Development Plan) guiding principles.
These issues are discussed in detail in Attachment A.
State Government Agency submissions
Twelve (12) submissions have been received from State Government Agencies. The main issues raised in these submissions are:
• environmental impacts of wind turbines including:
– impacts on bird;
– movement of dust and pest plants;
– impacts on ground water resources including perched water tables; and
– stormwater run-off onto previously undisturbed land and consequential pollution of water resources;
• impacts of wind turbines on landscapes of scenic value and, in turn, tourism and means of managing these impacts;
• the visual impacts of wind turbines and the appropriateness of proposed policy regarding acceptance and management of these;
• bushfire risk associated with wind turbines;
• notification and appeal rights associated with development applications proposing wind
. turbines;
• the introduction of a legal definition of a commercial scale wind farm;
• potential for failure of wind turbines (involving fire, explosion and I or disintegration of rotational parts); ·
• potential effects of wind turbine development on the economic viability of existing resource extraction, processing and transportation operations under the Mining Act 1971 and the Petroleum and Geothermal Act 2000;
• potential impacts of wind turbines on road networks and means of managing these;
• potential impacts of wind turbines on aerial activities and means of managing these;
• repetition of proposed policy and consistency with South Australian Planning Policy Library (formerly Better Development Plan) guiding principles.
These issues are discussed in detail in Attachment A.
Public’s access to submissions on the draft Development Plan Amendment
Copies of all submissions were made available for public review from 14 December 2011 and remain available on the Department of Planning, Transport and Infrastructure’s website and from the Department’s offices.
Public Meeting
Sixty seven (67) people and organisations requested to be heard in support of their respective submissions and Public Meetings were held on:
• 17 January 2012 at Adelaide;
• 24 January 2012 at Naracoorte;
• 31 January 2012 at Port Wakefield; and
• 2 February 2012 at Peterborough .
4. DISCUSSION REGARDING ISSUES RAISED BY SUBMISSIONS
A detailed assessment (together with recommendations) regarding the issues which have been raised the all submissions is contained in Attachment A.
5. RECOMMENDATIONS FOLLOWING CONSULTATION
Based on a review of all the submissions, the Development Policy Advisory Committee recommends that: ·
• further investigations be undertaken to inform the draft Development Plan Amendment;
• alterations be made to the draft Development Plan Amendment; and
• a number of actions be taken to improve the regulatory regime applying to wind farm development to assist proponents prepare and relevant authorities assess development applications proposing wind farms.
Recommended Further Investigations
As set out in Attachment A, DPAC recommends that further investigations regarding the following matters be undertaken to inform the draft Development Plan Amendment and planning policy regarding wind farms generally:
• identification of zones and areas that are capable of accommodating wind turbines, in a manner that satisfies policy regarding separation from dwellings and other sensitive uses of land;
• identification of important environmental features not contained in zones and policy areas aimed at·conservation outcomes;
• identification of zones and areas of high agricultural value;
• when possible, consideration of the outcome of the literature review regarding noise and vibration produced by wind turbines and the effects of this on human health currently being conducted by the National Health and Medical Research Council and the implications of this for the Wind Farm Environmental Noise Guidelines;
• when possible, consideration of the outcome of Quinn v Regional Council of Goyder & Anor (ERDC-09-230) and the implications of this judgment for the Wind Farm Environmental Noise Guidelines;
• consideration of how the colour and spacing of wind turbines can contribute to the mitigation of visual impacts;
• preparation of a guide that could be provided to Local Government to assist Councils assess mattersthat are associated with wind farms and which are not capable of being addressed by Development Plan policy;
• consideration of mechanisms that can be employed to ensure appropriate decommissioning of wind farms and appropriate rehabilitation of wind farm sites;
• consideration of mechanisms that can be employed to ensure that the costs associated with the as-sessment and processing of wind farm Development Applications, can be met by Local Government; and ·
• consideration of a new regulatory trigger” (possibly contained within Schedule 5 of the Development Regulations 2008) aimed at avoidance of conflict between wind farms and existing and future mineral, petrochemical _and geothermal resource operations.
Recommended Alterations to the Draft Development Plan Amendment
As set out in Attachment A, it is recommended that the following amendments be made to the draft Development Plan Amendment:
• removal of policy that is supportive of wind farms from:
– zones and areas that are not capable of accommodating wind turbines that are sufficiently separated from dwellings (considering policy regarding separation of wind turbines from dwellings);
– zones principally aimed at conservation outcomes;
– areas accommodating important environmental features outside zones aimed at conservation outcomes;
– zones that seek to preserve the scenic value of certain areas;and
– areas of high agricultural value;
• achievement of compatibility with the draft Barossa Valley and McLaren Vale Protection Districts Development Plan Amendment, which has been placed on interim operation and released for consultation on 5 April 2012 (through designation of wind farms as non complying kinds of development in zones within the Barossa Valley and McLaren Vale Protection Districts);
• adjustment of policy regarding management of the visual impacts of wind turbines on dwellings such that this achieve:
– at least two (2) kilometres separation between wind turbines and dwellings, sensitive land uses generally and land designated for township expansion; and
– greater setbacks where the height of wind turbines exceeds a certain threshold, where wind turbines have accumulated and stand to surround a dwelling and where a wind turbine is to be constructed upon an area that is significantly higher than that which a proximate dwelling occupies;
• that wind turbines default to being a Category 3 kind of development in zones that:
– do not contain land that is sufficiently distant from dwellings to satisfy visual impact policy; arid
– are principally aimed at conservation outcomes and preservation of valuable scenic landscapes and features;
• that a wind turbine that is within two (2) kilometres of a dwelling or a zone for future urban development, default to being a Category 3 kind of development;
• augmentation of policy regarding avoidance of the impacts that wind turbines could have on air transport activities, such that this achieves minimisation of the impacts on low altitude aerial movements associated with agriculture;
• inclusion of policy that achieves the separation of wind turbines from dwellings and public areas, a distance which will ensure that wind turbine failure does not present an unacceptable risk to safety; and
• removal of policy repetition to align with South Australian Planning Policy Library guiding principles.
Other Recommendations
As set out in Attachment A, it is recommended that the following actions also be taken:
• inclusion of definitions for commercial scale wind farms and turbines in Schedule 1 of the Development Regulations 2008;
• amendment of Schedule 5 of the Development Regulations 2008 to require that an aviation risk assessment form part of a Development Application proposing a wind farm;
• preparation of a guide that provides advice regarding the circumstances in which notification of a wind turbine should be provided to certain bodies (such as the Civil Aviation Safety Authority);
• preparation of a guide that provides advice regarding management of bushfire risks associated with wind turbines be prepared and made available; and
• that the timing of consultation on future draft Ministerial Development Plan Amendments coincide, where possible, with times that are convenient to parties likely to be affected.
In addition to the above, considerable concern has been expressed about the use of interim operation of the draft DPA. In this respect, caution should be exercised in relation to the use of interim operation in connection with future Development Plan Amendments and that, by and large,interim operation should only be used in respect of Development Plan Amendments that propose restrictions on inappropriate development,as opposed to those that propose to enable development.
Date: 24 July 2012
Mario Barone FPIA
Presiding Member
Development Policy Advisory Committee
LIST OF ATTACHMENTS
Attachment A:
Discussion regarding issues raised by submissions
Attachment B:
List of agencies and persons who were advised of the Development Plan Amendment
Attachment C:
Copies of statutory and other public notification documents
…………………..
Recommendations from Appendix A
Targeting Policy that is Supportive of Wind Farms
Recommendations
- That further investigations be undertaken to identify:
- land that is capable of accommodating wind turbines that are sufficiently separated from dwellings (considering policy regarding separation of wind turbines from dwellings);
- areas accommodating important environmental features outside zones aimed at conservation outcomes; and
- areas of high agricultural
- That the draft Development Plan Amendment be amended such that it does not apply policy that is supportive of wind farms to:
- zones and areas that are not capable of accommodating wind turbines that are sufficiently separated from dwellings (considering policy regarding separation of wind turbines from dwellings);
- zones principally aimed at conservation outcomes;
- areas accommodating important environmental features outside zones aimed at conservation outcomes;
- zones that seek preservation of scenic value of certain areas; and
- areas of high agricultural
- That the draft Development Plan Amendment be altered to achieve compatibility with the Barossa Valley and McLaren vale Protection Districts Development Plan Amendment placed on interim operation and released for consultation on 5 April
Noise and Vibration Produced by Wind Farms and the Impacts of this on Human Health
Recommendations
- That policy regarding management of the impacts of wind turbines on dwellings be altered to seek that wind turbines be separated at least two (2) kilometres from dwellings.
- That the outcome of the literature review regarding noise and vibration produced by wind turbines and the effects of this on human health currently being conducted by the National Health and Medical Research Council be considered when available and, if supported by this, that the Wind Farm Environmental Noise Guidelines and relevant planning policy be reviewed.
- That the outcome of Quinn v Regional Council of Goyder & Anor, be considered when available and that the Wind Farm Environmental Noise Guidelines and relevant planning policy be reviewed and amended accordingly.
Visual Impacts
Recommendations
- That proposed policy regarding the separation of wind turbines from dwellings be broadened to seek separation from sensitive land uses generally.
- The proposed policy regarding separation of wind turbines from dwellings be qualified to contemplate greater setbacks where:
- the height of a wind turbine exceeds a certain threshold;
- wind turbines have accumulated and stand to surround a dwelling;and
- a wind turbine is to be constructed upon a level that is significantly higher than that which a proximate dwelling occupies.
- That further investigations in respect to how the spacing and colour of wind turbines can contribute to mitigation of visual impacts be undertaken and be the subject of altered or new planning policy.
Public Notification, Comment and Appeal Rights
Recommendations
- That wind farms default to being a Category 3 kind of development in zones that are principally aimed at conservation outcomes and preservation of valuable scenic landscapes and features.
- That a wind turbine that is within 2 kilometres of a dwelling or a zone for future urban development be designated a Category 3 kind of development.
Separation Distances
Recommendations
That proposed policy regarding management of visual impacts of wind turbines on dwellings also apply to land designated for township expansion.
Impacts of Wind Farms on Aerial Activities
Recommendations
- That proposed policy that seeks that renewable energy facilities (including wind farms and ancillary development) not impact on the safety of water or air transport be augmented to address the impacts that wind turbines could have on low-altitude aerial movements associated with agriculture.
- That a non-statutory guide that details the circumstances under which notification of a wind turbine should be provided to certain bodies (such as the Civil Aviation Safety Authority) be made available.
- That Schedule 5 of the Development Regulations 2008 be amended to require that an aviation risk assessment form part of a development application proposing a wind farm.
Impacts of Wind Farms on Bushfire Risk
Recommendations
That a guide that provides advice regarding management of bushfire risks associated with wind turbines be made available.
Environmental Impacts of Wind Farms
Recommendations
That consideration be given to the preparation of a guide that could be provided to local government to assist it assess matters that are associated with wind farms and which are not capable of being addressed by Development Plan policy.
Decommissioning of Wind Farms and Rehabilitation of Wind Farm Sites
Recommendations
That processes and mechanisms aimed at ensuring decommissioning of wind farms and rehabilitation of wind farm sites be investigated and, if found to be appropriate, implemented.
Impacts of Wind Farms on Property Values
Recommendations
No recommendations are made in relation to this issue.
Social Effects of Wind Farms
Recommendations
No recommendations are made in relation to this issue.
Failure of Wind Turbines
Recommendations
That the draft Development Plan Amendment include policy that seeks that wind turbines be separated from dwellings and public areas a distance which will ensure that wind turbine failure does not present an unacceptable risk to safety.
Efficiency of Wind Farms
Recommendations
No recommendations are made in relation to this issue.
Administrative and Resource Burden on Local Government
Recommendations
Investigate the burden associated with assessment of development applications proposing wind farms on local government and if found to be appropriate, the mechanisms that could be employed to assist local government manage this burden.
Legal Definition of Wind Farms
Recommendations
Introduce a definition for commercial scale wind farm to Schedule 1 of the Development Regulations 2008 .
Staging of Wind Farms
Recommendations
No recommendations are made in relation to this issue.
Other Forms of Renewable Energy
Recommendations
No recommendations are made in relation to this issue.
Interim Operation
Recommendations
That caution be exercised in relation to the use of interim operation in connection with future Development Plan Amendments and that, by and large, interim operation be used in respect of Development Plan Amendments that propose restrictions on development.
Dissatisfaction with Consultation
Recommendations
That the timing of consultation on future draft Ministerial Development Plan Amendments, where possible be integrated with times that are convenient to parties likely to be affected.
That care be taken in relation to the selection of locations for Public Meetings in relation to a draft Ministerial Development Plan Amendment.
Inconsistency with South Australian Planning Policy Library Guiding Principles
Recommendations
Alter the draft Development Plan Amendment such that it does not duplicate policy in a Development Plan.
Potential Conflict Between Wind Farms and Resource Operations
Recommendation
Investigate new regulatory mechanisms aimed at avoidance of conflict between wind farms and existing and future mineral, petrochemical and geothermal resource operations.