Newstead Solar Farm Planning Application Report
For Newstead 2021 Inc May 2020
i Newstead Solar Farm Planning Application Captains Gully Road Newstead
Prepared for Newstead 2021 Inc
Version Author Date Description of changes 1 Fi Cotter 07/05/20 Commence Draft 2 Tim Doolan 28/05/20 First draft 3 Fi Cotter 29/05/20 Final draft for client review 4 Fi Cotter 29/05/20 Final Draft
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ii Newstead Solar Farm Application for planning permit TABLE of CONTENTS
1 INTRODUCTION 1
2 BACKGROUND 2
3 THE PROJECT 3 3.1 DEVELOPMENT SUMMARY 3 SOLAR ARRAY 3 GRID CONNECTION 4 ACCESS 4 PARKING AREA 4 SETBACK/BUFFER AREAS 4 3.2 CONSTRUCTION PROCESS 6 CONSTRUCTION TIMELINE AND STAGING 6 CONSTRUCTION ACCESS AND FENCING 6 TEMPORARY SIGNAGE 6 3.3 COMMISSIONING 6 PROCESS AND TIMING 6 NUMBER OF STAFF 6 OPERATION AND MAINTENANCE 7 3.4 DECOMMISSIONING 7
4 SUBJECT SITE AND SURROUNDS 8 4.1 SUBJECT SITE 8 4.2 CULTURAL AND HISTORIC HERITAGE 9 4.3 ECOLOGICAL CHARACTERISTICS 9 4.4 TOPOGRAPHY AND GEOTECHNICAL CONDITIONS 9 4.5 AGRICULTURAL CHARACTERISTICS 10 4.6 EXISTING ELECTRICAL INFRASTRUCTURE 10 4.7 ROAD NETWORK 10 4.8 DWELLINGS 10 4.9 LANDSCAPE VALUES AND OTHER USES 10 4.10 AVIATION FACILITIES 10
5 PLANNING PROVISIONS 11 5.1 PERMIT TRIGGERS 11 5.2 REFERRALS 11 5.3 ZONE 11 5.4 OVERLAYS 13 CLAUSE 43.01 HERITAGE OVERLAY 13 CLAUSE 42.01 ENVIRONMENTAL SIGNIFICANCE OVERLAY 14 CLAUSE 42.03 SIGNIFICANT LANDSCAPE OVERLAY 16 5.5 PARTICULAR PROVISIONS 16 CLAUSE 52.06 CAR PARKING 16 CLAUSE 52.17 NATIVE VEGETATION 16 CLAUSE 53.13 RENEWABLE ENERGY FACILITY 17 CLAUSE 59.13 BUILDINGS AND WORKS IN A RURAL ZONE 18 5.6 GENERAL PROVISIONS 18 5.7 PLANNING POLICY FRAMEWORK 19 5.8 OTHER POLICIES AND GUIDELINES 34 SOLAR ENERGY FACILITIES – DESIGN AND DEVELOPMENT GUIDELINE (DELWP) 34 CFA GUIDELINES FOR RENEWABLE ENERGY INSTALLATIONS 36 NORTH CENTRAL REGIONAL CATCHMENT STRATEGY 2013-2019 37 MOUNT ALEXANDER SHIRE COUNCIL RURAL LAND STUDY 2014 37
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Newstead Solar Farm Application for planning permit 5.9 LEGISLATION 38 PLANNING AND ENVIRONMENT ACT 1987 (VIC) 38 ENVIRONMENT PROTECTION ACT 2018 (VIC) 38 ENVIRONMENT EFFECTS ACT 1978 39 ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 39 FLORA AND FAUNA GUARANTEE ACT 1988 (VIC) 40 CLIMATE CHANGE ACT 2017 (VIC) 40
6 PLANNING ASSESSMENT 41 6.1 SITE ANALYSIS 41 6.2 DESIGN RESPONSE 41 6.3 HERITAGE 42 6.4 FLORA AND FAUNA 44 6.5 GEOTECHNICAL 44 6.6 AGRICULTURAL IMPACTS 45 6.7 NOISE IMPACTS 45 6.8 VISUAL AND LANDSCAPE IMPACTS 46 6.9 ELECTROMAGNETIC 50 6.10 AVIATION AND GLINT AND GLARE 50 6.11 NATURAL HAZARD MANAGEMENT 51 6.12 CUMULATIVE IMPACTS 52 6.13 TRAFFIC IMPACT ASSESSMENT 52 6.14 CAR PARKING 52
7 CONCLUSION 53
FIGURES Figure 2-1 Locality Plan ...... 2 Figure 3-1 Photo of a solar farm ...... 3 Figure 3-2 Layout Plan ...... 5 Figure 4-1 Subject site ...... 8 Figure 5-1 Heritage Overlay ...... 13 Figure 5-2 Adjacent ESO area ...... 15 Figure 6-1 View of the former Byron Reef mine from the subject site facing south-east ...... 43 Figure 6-2 View of the former Byron Reef mine from the subject site facing east ...... 43 Figure 6-3 Photomontage Viewpoint 1 ...... 47 Figure 6-4 Photomontage Viewpoint 2 ...... 48 Figure 6-5 Photomontage Viewpoint 3 ...... 49
TABLES Table 1-1 Site Summary ...... 1 Table 5-1 Heritage Overlay planning scheme excerpt ...... 13
APPENDICES
Appendix A: Ecological Assessment, Okologie Consulting, May 2020 Appendix B: Geotechnical Report, HardRock Getechnical, April 2020 Appendix C: Agricultural Assessment, Meridian Agriculture, May 2020 Appendix D: Acoustic Planning Report, ARUP, May 2020 Appendix E: Aeronautical Impact Assessment and Glare Analysis, Chiron Aviation Consultants, May 2020
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Newstead Solar Farm Application for planning permit Executive Summary This report in provided in support of a planning permit application for the proposed Newstead Solar Farm, a 10MW solar energy facility located approximately 2km west of the town of Newstead in Central Victoria.
The project has emerged from the aims of community organisation Renewable Newstead to source 100% locally generated, grid-connected, reliable, affordable renewable energy that generates other benefits for the local community, with significant funding having been provided by the Victorian Government for implementation of the project.
This application has been assessed against the relevant policies and guidelines of the Mount Alexander Planning Scheme, including the provisions of Clause 53.13 Renewable Energy Facility and the Solar Energy Facilities Design and Development Guideline DELWP 2019 (Solar Farm Guidelines).
The proposal is strongly supported by the range of policies and guidelines that apply, particularly those which seek to facilitate renewable energy facilities in locations that will have minimal amenity impacts and protect important agricultural land.
A brief summary of the relevant thematic issues for consideration are provided below. This includes reference to the several technical expert reports that accompany the application.
Heritage
The site is partially affected by Heritage Overlay Schedule 1074 which relates to the former Byron Reef Quartz Mine at the north-eastern corner of the site.
Site inspections revealed that heritage fabric/items in the form of spoil heaps of the former mine are in fact located on adjacent land, not the subject site. Some of this material has washed on to the subject site, however a 30m setback will be provided of all infrastructure from this boundary ensuring no undue impacts to heritage values.
No areas of cultural heritage sensitivity are affected by the proposal therefore a mandatory Cultural Heritage Management Plan is not required.
Flora and fauna impacts
An Ecological Assessment has been prepared by Okologie Consulting and is included at Appendix A.
The ecological characteristics of the project area are highly modified for agricultural use, characterised by exotic dominated pasture with an intermittent cover of modified cover of native woodland and 17 scattered indigenous trees. No listed flora species were recorded and none are likely to occur.
Native vegetation removal of 4 scattered trees is proposed. The principles of avoid and minimise have been employed in design of the project in accordance with Clause 52.17 Native Vegetation.
The Ecological Assessment found that the proposal will have minimal and acceptable impacts on flora and fauna. Removal of 4 scattered trees is unlikely impact notable species for the site which include the Swift Parrot and Brush-tailed Phascogale.
A referral or preparation of an EES under the EEA is unlikely to be required given minimal impacts to ecological values of the site. Neither an FFG Act permit nor an EPBC Act referral will be required.
v
Newstead Solar Farm Application for planning permit Geotechnical and hydrology
A Geotechnical Investigation was completed by Hardrock Geotechnical to accompany the application, included at Appendix B.
The investigation included involved the drilling boreholes and taking samples for laboratory analysis. The report found that the site is suitable for construction of a solar energy facility, with several recommendation provided around suitable construction methods and management practices to ensure minimal impact on the area during construction.
Agricultural impacts
An Agricultural Assessment Report has been completed by Meridian Agriculture and is included at Appendix C.
The subject land is currently used for agriculture in the form of grazing sheep. The Agricultural Assessment Report confirms that the land is of low-agricultural significance and is not within an irrigation district. The soils of the land are not high-quality within the context of the local area, and removal of the approximately 23.6ha of land from agricultural production will not have a significant impact on surrounding properties or the agricultural sector in the wider region.
Noise impacts
An Acoustic Planning Report completed by ARUP is included at Appendix D..
The report found that the facility will comply with the relevant policies and guidelines in relation to noise and related amenity impacts, in particular the noise limits set under the EPA Noise from Industry in Regional Victoria Publication 1411 (NIRV) guideline. The highest predicted noise levels at receiver dwellings being 38dB(A) for the evening period at a noise limit of 41dB(A), and a highest predicted noise level of 35dB(A) for daytime/evening period at a noise limit of 36dB(A).
Visual amenity and landscape impacts
Viewpoints from all around the site, including private dwellings, were assessment with three main views considered representative to assess visual impact. Photomontages were also prepared.
The solar energy facility is set back a minimum of 10m from the main access road (Captains Gully Road) and a minimum of 30m from all other boundaries. No Significant Landscape Overlay applies to any part of the site that houses solar panels.
The photomontages demonstrate the proposal will have acceptable impact on the landscape, with the most prominent views of the facility occurring on Captains Gully Road approaching from the south. All other viewpoints are of lesser impact with a large proportion of views to the site obscured by landforms or existing vegetation.
The proposed design of solar panel banks is considered to be befitting of the undulating landscape where a range of built and natural forms existing, including pasture, rural dwellings and structures and patches of remanent forest vegetation.
Glint and Glare Impacts and Aviation Safety
An Aeronautical Impact Assessment and Glare Analysis was completed by Chiron Aviation Consultants and is included at Appendix E.
There is one aerodrome within 15km of the subject site, being Castlemaine Airport which is approximately 12km to the south-east.
The Aeronautical Impact Assessment concluded that Castlemaine Airport is sufficiently distant for
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Newstead Solar Farm Application for planning permit there to be no impact. A glint and glare/SGHAT analysis was conducted for nearby roads and dwellings showing that whilst reflection is geometrically possible, there is no glare predicted. Existing screening provided some mitigation in the form of windbreak plantings.
In terms of overhead flights, it is possible that aircraft will fly as low as 500ft above the facility in certain circumstances. Impacts on these flights will be low and acceptable.
Traffic Impacts
A Traffic Impact Assessment is included at Section 6 of this planning report.
The proposal will have some impact on local roads during construction, with the main access route being via Pyrenees Highway and the made Captains Gully Road running alongside the site. Impacts will be negligible in operation of the facility, with up to four vehicle movements per week.
A new 5m wide crossover from Captains Gully Road will provide construction and day to day maintenance access to the site. Some repair and maintenance during and post construction may be required, along with relevant permits from Council/Vicroads.
Impacts on the local road network will be acceptable and may be suitably managed through provision of a Traffic Management Plan on any permit that may issue.
Conclusion
The proposed solar energy facility has been assessed against the relevant sections of the Mount Alexander Planning Scheme, with particular reference to key provisions of Clause 35.07 (Farming Zone), Clause 52.13 (Renewable Energy Facility) and the Solar Energy Facilities Design and Development Guideline.
The balance of policies strongly supports the solar energy facility at the proposed location.
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Newstead Solar Farm Planning Application Captains Gully Road Newstead
1 INTRODUCTION This report has been prepared for Newstead 2021 Inc and accompanies a planning application for use and development for a 10MW renewable energy facility (solar) including native vegetation removal, earthworks and associated infrastructure.
The subject site is on land that is predominantly used for agricultural production. The land is entirely contained within the Farming Zone of the Mount Alexander Planning Scheme where a permit is required for the use and development of the solar energy facility.
This report outlines the details of proposal and provides an assessment against the relevant sections of the Planning Scheme and applicable guidelines.
A summary of the site details is provided in Section 4.
PROJECT TITLE: Newstead Solar Farm
Corner of Clarke Lane and Captains Gully Road, Newstead ADDRESS Road reserve of Captains Gully Road
Multiple parcels – see attached titles
This application only affects Land Parcels Lot 1 TP22049, Lot 1 TP709600, Allot. 30 Sec. 12, Allot.30 REAL PROPERTY DESCRIPTION Sec. 12, Allot. 34 Sec. 12, Allot. 25 Sec. 10 25~10\PP3562 and the road reserve as referred to above.
TENURE Agriculture
REGIONAL PLAN Not applicable
LOCAL GOVERNMENT Mount Alexander Shire Council
PLANNING SCHEME Mount Alexander Planning Scheme
Farming Zone (FZ) ZONING Road Zone (RDZ)
OVERLAYS (for the subject site) Heritage Overlay (HO1074) Bushfire Management Overlay (BMO)
OVERLAYS (for the road reserve for Significant Landscape Overlay (SLO) the powerline connection) Environmental Significance Overlay (ESO2)
Table 1-1 Site Summary
1 Newstead Solar Farm Application for planning permit 2 BACKGROUND Newstead is a small town in central Victoria with an aim to switch to 100% locally generated renewable energy.
Figure 2-1 Locality Plan
Renewable Newstead (RN), was formally established in 2011, under the auspices of Newstead 2021 Inc, to pursue future energy options for the town. That year, RN worked with Central Victoria Solar City (CVSC) on a project focused on energy audits and behavioral change. This project found that individual households could only go so far in remedying Newstead’s energy needs through retrofitting solutions such as rooftop solar and that there was a continuing dependence on firewood and gas for heating.
The project gave RN the confidence to investigate a collective community solution and after further community consultation it determined to develop a technology-agnostic, renewable energy project that delivered a positive environmental impact while potentially reducing household energy prices.
The focus was on doing it right, not doing it quickly.
In 2014 RN had a clear direction and a goal. It wanted to develop, document and implement a model for switching the town toward 100% locally generated renewable energy in a commercially viable way that would benefit everyone in the community - no-one was to be left behind.
In 2015, RN received $200,000 from the Victorian Government to develop this model. Under the grant agreement, RN committed to creating a partnership with the local energy distributor (Powercor), and to assess the technical and commercial constraints of pursuing its goal within three years. Through extensive engagement with the community, Powercor, and energy market stakeholders including regulatory authorities, RN developed a model based on the desired outcomes of it being: opt-in, doing no harm, aiming for 100% renewable, delivering community benefits and being grid-connected.
The outcome - a solar photovoltaic farm on the town’s outskirts, with capacity to generate at least 2MW of energy.
A further $1million was earmarked in 2019/20 towards a 10MW solar farm for Newstead.
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Newstead Solar Farm Application for planning permit Having garnered community support and enthusiasm for the delivery of local, reliable and renewable energy to the town, RN see the establishment of a local grid-connected solar farm as a means of supporting sustainable growth and development in Newstead and surrounds and of instilling greater community pride in what residents can achieve by working together for a common cause.
The plan is to install up to 10MW of solar power in the local distribution grid. This will ensure Newstead, which requires up to 2 to 3MW, can transition towards 100% renewable with excess generation available for offtake agreements.
3 THE PROJECT 3.1 DEVELOPMENT SUMMARY
SOLAR ARRAY A 10 MW solar array system is proposed, comprising the following:
- Approximately 27,400 tracking PV modules, forming 418 tracking PV panels. The panels are low reflectivity single axis tracking photovoltaic panels mounted no more than 3m above ground level. The tracking axis is north/south with the panels rotating through 120 degrees from east to west following the sun.
- 4 x 2.5 MV A combined inverter and transformer units.
- 22kV switchboard and 35m x 20m construction set-down area in the north-western corner of the site.
The array will be set back at least 10m from its western boundary facing Captains Gully Road, and at least 30m from all other site boundaries. The facility will connect to the existing 22kV transmission line running along Pyrenees Highway to the north via a new 22kV transmission line along Captains Gully Road.
Four scattered native trees are proposed to be removed. Details of the facility are shown on the Layout Plan in Figure 3-2 on Page 5.
The image below shows an example of a solar farm located near Robinvale in Victoria.
Figure 3-1 Photo of a solar farm
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Newstead Solar Farm Application for planning permit GRID CONNECTION Underground cables will connect the solar farm to the inverters and will be delivered in trenches that run parallel to the internal access tracks. The trenches are likely to be 30cm wide and 60cm deep. An existing 22kV Powercor transmission line runs along the Pyrenees Highway approximately 500m north of the site. The facility will connect into this line via a new 22kV power line running along Captains Gully Road for approximately 500m.
ACCESS Main site access for construction and maintenance and operation will be via a new 5m wide crossover and accessway from Captain’s Gully Road. Internal accessways are proposed between solar panel banks at regular intervals as shown on the Layout Plan at a minimum of 6m wide.
PARKING AREA Parking will be provided on site in the vicinity of the construction/set down area in the north- western corner. Parking required through the life of the facility will be minimal, limited to maintenance and operations staff. Ample parking for these activities will be able to be provided alongside relevant site facilities.
SETBACK/BUFFER AREAS The following setbacks are associated with the solar farm site plan.
Renewable Energy Facility Distance to Nearest Neighbour Distance to Nearest Road Component Property Boundary (m) (m) Inverters 30m minimum 10m Solar arrays 30m or more 10m plus road reserve
Proposed construction set 50m 50m (approx.) down area and site office
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Newstead Solar Farm Application for planning permit
Figure 3-2 Layout Plan
5
3.2 CONSTRUCTION PROCESS
CONSTRUCTION TIMELINE AND STAGING It is expected that the construction of the solar farm will commence within 12 months of securing a planning permit. The period of construction activity will be approximately 9 months. No staging of the project is expected.
Local workers will be supported by team leaders who will manage the construction process. The teams involved will be made up of:
• Assemble team (unskilled labour)
• Electrical team (qualified electricians as well as unskilled labour)
• Civil team for balance of plant foundations and construction of cable trenches
• High voltage team for connection of plant
The workforce will be made up of up to 50-80-workers.
The construction stages are:
• Mobilisation
• Site establishment
• Construction
• Pre-commissioning
• Commissioning/grid connection
• Demobilisation
CONSTRUCTION ACCESS AND FENCING The new permanent access point from Captains Gully Road will be the access point for the construction period. Suitable security fencing and gates will be installed.
TEMPORARY SIGNAGE Temporary signage will be installed at the front entrance of the site to notify people of the construction.
3.3 COMMISSIONING
PROCESS AND TIMING
NUMBER OF STAFF Weekly routine operations and maintenance on-site is likely to be carried out by up to two people. Service providers will be contracted for operations and maintenance of the energy facility.
It is anticipated that the solar farm will be managed remotely and with regular service crews.
6 Newstead Solar Farm Application for planning permit
OPERATION AND MAINTENANCE The facility is proposed to operate during sunlight hours which vary throughout the year. The earliest the solar farm may commence operation is 5.30am and the latest time of solar farm operation is expected to be 8.45pm.
An operations and maintenance contract will be entered into at a later date. The following represents the usual practice for such but will be refined when an operations and maintenance contract is entered into.
The solar farm will be monitored remotely 24 hours per day under an agreement with an operations and maintenance service provider. Under a long-term maintenance agreement, routine scheduled maintenance will be undertaken every six months.
The condition of the grassland underneath the solar panels will change in response to high and low rainfall years, drought and other climate drivers. Keeping grass and vegetation low around panels (100mm) is a necessity as the smallest overshadowing can cause significant reductions in efficiency and create a potential bushfire risk.
Grazing of livestock around the panels is proposed as the predominant vegetation control measure.
Supplementary mowing will be used as required. Mowers are widely used at solar farms to reduce weeds and manage overgrown vegetation. Mowing beneath solar panels can be difficult due to the height and placement of panels but new models have been introduced that enable solar sites to run mowers beneath panels using remote controlled units. The remote control enables quick and safe operation of the mower at a distance. Site managers can also lay cut grass down (in moist conditions) to decompose and potentially increase fertility.
3.4 DECOMMISSIONING There is an agreement in place with the landowner that requires the owner of the solar energy facility to remove the solar PV arrays from the land at the end of the 25-year lease period.
However, depending upon the landowner’s acceptance or otherwise of a new agreement, the following options may also be available:
• Continue maintaining and operating of the solar facility to produce renewable energy.
• Upgrade the solar facility to more current technology and generate higher levels of renewable energy into the future.
• Remove the solar facility in accordance with any future Landowner Lease Agreement.
It is expected a continuation or upgrade of the solar farm at the end of the lease period will require new permits and conditions.
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Newstead Solar Farm Application for planning permit
4 SUBJECT SITE AND SURROUNDS 4.1 SUBJECT SITE The subject land is made up a number of discontinuous lots as shown in the Land Vic Property Report which accompanies the application. It covers approximately 125 hectares of land in total. The project area comprises only part of the land being that at the property at Captains Gully Road, Newstead, which consists of several land parcels (Lot 1 TP22049, Lot 1 TP709600, Allot. 30 Sec. 12, Allot.30 Sec. 12, Allot. 34 Sec. 12). The project site is bounded by Clarke Lane to the north, private property to the east and south, and Captains Gully Road to the west as shown in Figure 2-1 Locality Plan. The land also includes the road reserve of Captains Gully Road to accommodate the powerline to connect to the 22kv line at the Pyrenees Highway.
The topography comprises of low to moderate undulating slopes towards the south west.
The majority of the project area is used for agriculture (livestock grazing) and consists of exotic pasture interspersed with modified patches of native vegetation and scattered trees. A minor ephemeral waterway associated with Butlers Creek extends east-west across the southern section of the project area. Three farm dams are present.
The surrounding land use is predominantly agriculture.
Newstead Solar BUSH FURZE LANE Farm Site CLARK Captains Gully E LANE Road Newstead
Legend
Sources: Esri, HERE, DeLorme, Intermap,
0 60 120 240 Metres Coordinate System: GDA 1994 MGA Zone 55 Map Scale when printed @ A4 1:7,173
VicMap Data: The state of Victoria does not warrant the accuracy or correctness of information in this publication and any person using or relying upon such informationdoes so on the basis that the State of Victoria shall bear no responsibilty or liability whatsoever for any errors, faults, defects or omissions in the information.
Figure 4-1 Subject site
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Newstead Solar Farm Application for planning permit
4.2 CULTURAL AND HISTORIC HERITAGE There are no known areas of aboriginal cultural heritage sensitivity on the site that are affected by the proposal. Areas of aboriginal cultural heritage sensitivity associated with ephemeral waterways run alongside the site to the west.
Mine spoil pile associated with the Heritage Overlay and former Byron Reef Quartz Mine affecting the site are located on adjacent land to the east, with partial wash of this material on to the subject site. This is discussed further in Section 1 Heritage.
4.3 ECOLOGICAL CHARACTERISTICS An Ecological Assessment has been prepared by Okologie Consulting and is included at Appendix A. That report identifies that the project area is highly modified from agricultural use. It is characterised by exotic dominated pasture interspersed with a modified cover of Box Ironbark Forest and Creekline Grassy Woodland and scattered indigenous trees.
The project area supports the following biodiversity values:
• 5.7 hectares of Box Ironbark Forest with a bioregional conservation status of Depleted in the Goldfields bioregion.
• 17 scattered trees. Large trees and scattered trees are considered of high landscape value.
• Native vegetation condition modelling indicates the project area supports areas of moderate to high value vegetation with condition scores of between 0.41-0.60, and 0.61- 0.80.
• Strategic biodiversity value modelling indicates the project area supports areas moderate to value vegetation/habitat with condition scores of between 0.41-0.60, with small of high value areas with scores of 0.61-0.80 also present (DELWP 2020a).
Areas of exotic pasture contain a scattered cover (<5% overall perennial cover) of native grasses and sedges that do not meet the cover threshold for a remnant patch under the Guidelines (DELWP 2017).
A referral or preparation of an Environmental Effects Statement under the Environment Effects Act 1978 is unlikely to be required, as the proposed activity has been designed to avoid impacting patches of Box Ironbark Forest and the impacts are limited to four scattered native trees.
4.4 TOPOGRAPHY AND GEOTECHNICAL CONDITIONS A Geotechnical Investigation was completed by Hardrock Geotechnical to accompany the application, included at Appendix B. The subject site is undulating with a moderate overall fall to the west. Sections of undulating land are identified by shaded areas on the Layout Plan with solar panel banks generally positioned on plateaued areas between undulations. The site has moderate to good natural surface drainage.
The Geotechnical Site Investigation Report accompanies the application and gives a detailed description of the ground conditions and feasibility of particular construction methods.
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Newstead Solar Farm Application for planning permit
4.5 AGRICULTURAL CHARACTERISTICS An Agricultural Assessment Report has been completed by Meridian Agriculture and is included at Appendix C. It outlines that the land is currently used for grazing sheep and it is understood the property has only been used for grazing in recent times.
The site is not in an irrigation district.
Soils at the site are not of high quality, being inferior to the alluvial soils of the Loddon River on the northern side of the Pyrenees Highway or the volcanic soils of the Moorlort Plains towards Carisbrook to the west.
The agricultural use of the site is typical of the surrounding area. Further details regarding the impact of this proposal on the land is included in the assessment section of this report.
4.6 EXISTING ELECTRICAL INFRASTRUCTURE A 66kV easement and power line runs along the northern boundary of the site, while a 22kV line runs along the Pyrenees Highway approximately 500m to the north of the site.
It is proposed to run a new 22kV power line along Captains Gully road for approximately 500m to connect to the 22kV line along Pyrenees Highway.
4.7 ROAD NETWORK Two roads abut the site; Captains Gully Road (made road) running along the western boundary and Clarke Lane (unmade road) running along the northern boundary. Site access is proposed from Captains Gully Road.
4.8 DWELLINGS Four dwellings are located within direct proximity to the site (approximate 1km distance), ranging from 300m to 1000m from the site boundary. The location of these dwellings is shown in Figure 3-2 Layout Plan.
4.9 LANDSCAPE VALUES AND OTHER USES The surrounding area is moderately undulating and commonly exhibits the same characteristics as the subject site, with a mottled landscape of open paddocks under grazing, remnant stands of native vegetation and scattered trees. Dwellings are sparsely populated.
4.10 AVIATION FACILITIES There are two aerodromes within the vicinity (30km) of the subject site; - Castlemaine Airport approximately 11.5km to the west; and - Maryborough Airport approximately 30km to the east.
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Newstead Solar Farm Application for planning permit
5 PLANNING PROVISIONS 5.1 PERMIT TRIGGERS Solar energy facility is a nested use under renewable energy facility and includes any building or other structure or thing used in or in connection with the generation of energy renewable energy, such as power lines to connect the facility to the electricity grid.
A planning permit is required under the following provisions of the Mount Alexander Planning Scheme:
• Clause 35.07 (Farming Zone) use and development of a solar energy facility and utility installation, including earthworks and works within 100 metres of RDZ1
• Clause 36.04 (Road Zone) use and development of a utility installation
• Clause 42.01-2 (Environmental Significance Overlay) construct a building or construct or carry out works
• Clause 43.01-1 (Heritage Overlay Schedule 1074) construct a building or construct or carry out works
• Clause 43.03-2 (Significant Landscape Overlay) construct a building or construct or carry out works
• Clause 52.17 (Native vegetation) removal of native vegetation
This application also seeks to provide car parking spaces to the satisfaction of the responsible authority under Clause 52.06-6 (unspecified car parking requirement).
5.2 REFERRALS It is understood that there are no relevant statutory referrals that apply the proposal.
5.3 ZONE The subject site is predominantly within the Farming Zone, with a small section of new power line being constructed on the Road Zone Category 1.
Under the provisions of Clause 35.07 (Farming Zone) and Clause 36.04 (Road Zone) a permit is required to use and develop the land for the purposes of a solar energy facility and a utility installation. Solar energy facility and utility installation are non-specified Section 2 permit required uses. A permit is triggered for buildings and works associated with a Section 2 use.
The relevant objectives of the Farming Zone are:
- To implement the Municipal Planning Strategy and the Planning Policy Framework. - To provide for the use of land for agriculture. - To encourage retention of productive agricultural land. - To ensure that non-agricultural uses, including dwellings, do not adversely affect the use of the land for agriculture. - To encourage the retention of employment and population to support rural communities. - To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision.
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Newstead Solar Farm Application for planning permit
The appropriate decision guidelines for the responsible authority to consider are:
General issues
- The Municipal Planning Strategy and the Planning Policy Framework. - Any Regional Catchment Strategy and associated plan applying to the land. - The capability of the land to accommodate the proposed use or development, including the disposal of effluent. How the use or development relates to sustainable land management. Whether the site is suitable for the use or development and whether the proposal is compatible with adjoining and nearby land uses. How the use and development makes use of existing infrastructure and services.
Rural issues
- The maintenance of agricultural production and the impact on the rural economy. The environmental capacity of the site to sustain the rural enterprise. - The need to prepare an integrated land management plan. - The impact on the existing and proposed rural infrastructure. - The potential for the future expansion of the use or development and the impact of this on adjoining and nearby agriculture and other land uses. - The protection and retention of land for future sustainable agricultural activities.
Environmental issues
- The impact of the use or development on the flora and fauna on the site and its surrounds. - The need to protect and enhance the biodiversity of the area, including the retention of vegetation and faunal habitat and the need to revegetate land including riparian buffers along waterways, gullies, ridgelines, property boundaries and saline discharge and recharge area. - How the use or development relates to sustainable land management and the need to prepare an integrated land management plan. - The location of on site effluent disposal areas to minimise impact of nutrient loads on waterways and native vegetation.
Design and siting issues
- The need to minimise any adverse impacts of siting, design, height, bulk, and colours and materials to be used, on landscape features, major roads and vistas. - The location and design of existing and proposed infrastructure services which minimises the visual impact on the landscape. - The need to minimise adverse impacts on the character and appearance of the area or features of archaeological, historic or scientific significance or of natural scenic beauty or importance.
The relevant objectives of the Road Zone are:
- To implement the Municipal Planning Strategy and the Planning Policy Framework.
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Newstead Solar Farm Application for planning permit Appropriate decision guidelines to consider are:
- The Municipal Planning Strategy and the Planning Policy Framework. - The views of the relevant road authority. - The effect of the proposal on the operation of the road and on public safety.
5.4 OVERLAYS
CLAUSE 43.01 HERITAGE OVERLAY Heritage Overlay Schedule 1074 (Byron Reef Quartz Mines, Pyrenees Highway) affects the north- eastern portion of the site as shown in the Figure 5-1 Heritage Overlay.
Figure 5-1 Heritage Overlay
There are no specific controls that apply under HO1074 as shown in the table below.
Table 5-1 Heritage Overlay planning scheme excerpt
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Newstead Solar Farm Application for planning permit
The relevant purposes of the HO are:
- To implement the Municipal Planning Strategy and the Planning Policy Framework. - To conserve and enhance heritage places of natural or cultural significance. - To conserve and enhance those elements which contribute to the significance of heritage places. - To ensure that development does not adversely affect the significance of heritage places. - To conserve specified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place.
The appropriate decision guidelines for the responsible authority to consider are:
- The Municipal Planning Strategy and the Planning Policy Framework. - The significance of the heritage place and whether the proposal will adversely affect the natural or cultural significance of the place. - Any applicable statement of significance (whether or not specified in the schedule to this overlay), heritage study and any applicable conservation policy. - Any applicable heritage design guideline specified in the schedule to this overlay. - Whether the location, bulk, form or appearance of the proposed building will adversely affect the significance of the heritage place. - Whether the location, bulk, form and appearance of the proposed building is in keeping with the character and appearance of adjacent buildings and the heritage place. - Whether the demolition, removal or external alteration will adversely affect the significance of the heritage place. - Whether the proposed works will adversely affect the significance, character or appearance of the heritage place. - Whether the location, style, size, colour and materials of the proposed solar energy system will adversely affect the significance, character or appearance of the heritage place.
CLAUSE 42.01 ENVIRONMENTAL SIGNIFICANCE OVERLAY
The Environmental Significance Overlay Schedule 2 (Lake Cairn Curran Catchment) affects the road reserve to the north of the site that will be used for a new 22kV power line to connect the facility to the national electricity network. The Overlay is shown in Figure 5-2.
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Newstead Solar Farm Application for planning permit
Figure 5-2 Adjacent ESO area
The statement of environmental significance for ESO2 is as follows:
Lake Cairn Curran is a major water storage for the Loddon River system. It supplies water for irrigation and stock and domestic purposes and is also used as a major recreation facility.
The relevant purposes/objectives of the ESO2 are:
- To implement the Municipal Planning Strategy and the Planning Policy Framework. - To identify areas where the development of land may be affected by environmental constraints. - To ensure that development is compatible with identified environmental values. - To ensure the protection and maintenance of water quality and water yield within the Cairn Curran Water Supply Catchment Area.
The appropriate decision guidelines for the responsible authority to consider are:
- The Municipal Planning Strategy and Planning Policy Framework. - The statement of environmental significance and the environmental objective contained in a schedule to this overlay. - The Catchment Management Authority Regional Strategy for the Loddon-Campaspe water catchment. - The effect that the proposed development will have on water quality. - The need to protect vegetation and habitat and the role these attributes play in improving and assisting in the maintenance of water quality. - The need to retain vegetation which prevents or limits adverse effects on ground water recharge.
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Newstead Solar Farm Application for planning permit
CLAUSE 42.03 SIGNIFICANT LANDSCAPE OVERLAY
The Significant Landscape Overlay Schedule 1 (Maldon Landscape Area) affects the Pyrenees Highway to the north of the site where the new 22kV power line is proposed to be built to connect the facility to the national electricity network.
The relevant purposes of the SLO are:
- To implement the Municipal Planning Strategy and the Planning Policy Framework. - To identify significant landscapes. - To conserve and enhance the character of significant landscapes.
The appropriate decision guidelines for the responsible authority to consider are:
- The Municipal Planning Strategy and the Planning Policy Framework. - The statement of the nature and key elements of the landscape and the landscape character objective contained in a schedule to this overlay. - The conservation and enhancement of the landscape values of the area. - The impact of the proposed buildings and works on the landscape due to height, bulk, colour, general appearance or the need to remove vegetation. - The extent to which the buildings and works are designed to enhance or promote the landscape character objectives of the area. - The impact of buildings and works on significant views. - Any other matters specified in a schedule to this overlay.
Schedule 1 to the SLO provides further objectives in relation to preserving the significant landscape of the Maldon Landscape Area. An assessment against the relevant sections of this Schedule is provided in the following sections of this report.
5.5 PARTICULAR PROVISIONS
CLAUSE 52.06 CAR PARKING Table 1 at Clause 52.06 outlines the car parking requirements associated with various uses. A renewable energy facility or its nested uses is not listed in Table 1.
Clause 52.06-6 states that “Where a use of land is not specified in Table 1 or where a car parking requirement is not specified for the use in another provision of the planning scheme or in a schedule to the Parking Overlay, before a new use commences or the floor area or site area of an existing use is increased, car parking spaces must be provided to the satisfaction of the responsible authority. “
Therefore, no permit is required under Clause 52.06 for the application, however parking for the new use of a solar energy facility must be provided to the satisfaction of the responsible authority and this application seeks that approval.
CLAUSE 52.17 NATIVE VEGETATION A permit is required for the removal of native vegetation pursuant to Clause 52.17.
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The purposes of this clause are:
- To manage the removal, destruction or lopping of native vegetation to minimise land and water degradation - To ensure there is no net loss to biodiversity as a result of the removal, destruction or lopping of native vegetation. This is achieved by following the three-step approach in the Guidelines for the removal, destruction or lopping of native vegetation (the Guidelines) (DELWP 2017):
1. Avoid the removal, destruction or lopping of native vegetation.
2. Minimise impacts form the removal, destruction or lopping native vegetation that cannot be avoided.
3. Provide an offset to compensate for the biodiversity impact if a permit is granted to remove, destroy or lop native vegetation.
The Guidelines are an Incorporated Document under the Victorian Planning Provisions.
The application falls under the Intermediate Assessment Pathway as the vegetation removal occurs in Location 2. The native vegetation proposed for removal is classified as scattered trees. Four scattered trees require removal.
The location of native vegetation for removal is shown in Figure 3 of the Ecological Assessment.
CLAUSE 53.13 RENEWABLE ENERGY FACILITY This clause applies to the assessment of any renewable energy facility application (other than wind energy facility).
The purpose of this clause is to facilitate the establishment and expansion of renewable energy facilities, in appropriate locations, with minimal impact on the amenity of the area. The following decision guidelines are relevant to the application and must be considered in deciding on the application: - The Municipal Planning Strategy and the Planning Policy Framework. - The effect of the proposal on the surrounding area in terms of noise, glint, light spill, vibration, smell and electromagnetic interference. - The impact of the proposal on significant views including visual corridors and sightlines. - The impact of the proposal on strategically important agricultural land, particularly within declared irrigation districts. - The impact of the proposal on the natural environment and natural systems. - The impact of the proposal on the road network. - Solar Energy Facilities Design and Development Guideline (Department of Environment, Land, Water and Planning, August 2019)
Further guidance on each of these decision guidelines is contained within the Solar Energy Facilities Design and Development Guideline which is discussed in following sections of this report.
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Newstead Solar Farm Application for planning permit
CLAUSE 59.13 BUILDINGS AND WORKS IN A RURAL ZONE This clause lists information requirements and decision guidelines relevant to applications in a rural zone.
The relevant decision guidelines for the responsible authority to consider for this application are:
- The impact of the siting, design, height, bulk, colours and materials to be used, on the natural environment, character and appearance of the area, landscape features, major roads, vistas and water features and the measures to be undertaken to minimise any adverse impacts. - Whether the proposal will have an adverse impact on adjoining and nearby land uses. - The need to protect amenity of existing residents. - The need to locate buildings in one area to avoid any adverse impacts on surrounding agricultural uses. - The likely environmental impact on the natural physical features and biodiversity of the area, including the need to retain vegetation and faunal habitat and the need to revegetate land including riparian buffers along waterways, gullies, ridgelines, property boundaries and saline discharge and recharge areas. - The capability of the land to accommodate the proposed development. - Whether the development will support and enhance agricultural production. - The location of on-site effluent disposal areas to minimise the impact of nutrient loads on waterways and native vegetation. - Any Regional Catchment Strategy and associated plan applying to the land. - The impact of the proposal on any wetlands or waterways. - Any integrated land management plan prepared for the site. - Whether the development will require traffic management measures.
5.6 GENERAL PROVISIONS The responsible authority must decide whether the proposal will produce acceptable outcomes in terms of the decision guidelines contained at Clause 65.01 Approval of an application or plan. This includes: - The matters set out in section 60 of the Act - The Municipal Planning Strategy and the Planning Policy Framework - The purpose of the zone, overlay or other provision - Any matter required to be considered in the zone, overlay or other provision - The orderly planning of the area - The effect on the amenity of the area - The proximity of the land to any public land - Factors likely to cause or contribute to land degradation or salinity or to reduce water quality - Whether the proposed development is designed to maintain or improve the quality of stormwater within and exiting the site - The extent and character of native vegetation and the likelihood of its destruction - Whether native vegetation is to be or can be protected, planted or allowed to regenerate - The degree of flood, erosion or fire hazard associated with the location of the land and the use, development or management of the land to minimise any such hazard - The adequacy of loading and unloading facilities and any associated amenity, traffic flow and road safety impacts.
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5.7 PLANNING POLICY FRAMEWORK This section outlines the relevant sections of the Planning Policy Framework under the Mount Alexander Planning Scheme. This includes the Municipal Strategic Statement at Clause 21 and Local Planning Policies at Clause 22.
Amendment VC148 (Integrating the Local Planning Policy Framework into the new Planning Policy Framework)
Amendment VC148 was gazetted on 31 July 2018 and introduced the structure and thematic framework of the PPF, integrating state and regional policy. The amendment did not translate local planning policy into the framework. The next phase of implementation is to translate LPPF content into the new framework, which will complete the integration of all existing policy. This has not occurred yet.
As referenced under the transitional Clause 23.01 Relationship to the Planning Policy Framework, Clauses 21 and 22 (Local Planning Policy Framework) form part of the Planning Policy Framework. Where the planning scheme requires consideration of the Planning Policy Framework, that consideration must include Clauses 21 and 22.
Clause 11 Settlement
The clause sets out overarching goals of planning for settlement, including to prevent incompatible uses sited together, prevent environmental degradation and amenity problems, and promote sustainable development in general.
Clause 11.01-1S-R Settlement – Loddon Mallee South
This clause expands on the head clause going into detail on strategies for developing sustainable communities, including focusing on regions and promoting the sustainable growth and development of Victoria.
Castlemaine is identified as a rural city for growth and investment. Relevant strategies include:
Maintain non-urban breaks between settlements.
Clause 11.02-1S Supply of urban land
The relevant objective of this clause seeks to ensure sufficient supply of land is available for different land uses. Relevant strategies include:
Maintain access to productive natural resources and an adequate supply of well-located land for energy generation, infrastructure and industry.
Clause 12 Environmental and Landscape Values
This overarching clause outlines that planning should protect ecology and biodiversity, including as set out by national and international agreements.
Clause 12.01-S relates to biodiversity and contains the objective:
To assist the protection and conservation of Victoria’s biodiversity.
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Relevant strategies include:
Use biodiversity information to identify important areas of biodiversity, including key habitat for rare or threatened species and communities, and strategically valuable biodiversity sites.
Strategically plan for the protection and conservation of Victoria’s important areas of biodiversity.
Ensure that decision-making takes into account the impacts of land use and development on Victoria’s biodiversity, including consideration of:
- Cumulative impacts.
- Fragmentation of habitat.
- The spread of pest plants, animals and pathogens into natural ecosystems.
Avoid impacts of land use and development on important areas of biodiversity.
Consider impacts of any change in land use or development that may affect the biodiversity value of national parks and conservation reserves or nationally and internationally significant sites; including wetlands and wetland wildlife habitat designated under the Convention on Wetlands of International Importance (the Ramsar Convention) and sites utilised by species listed under the Japan-Australia Migratory Birds Agreement (JAMBA), the China-Australia Migratory Birds Agreement (CAMBA), or the Republic of Korea-Australia Migratory Bird Agreement (ROKAMBA).
Assist in the identification, protection and management of important areas of biodiversity.
Assist in the establishment, protection and re-establishment of links between important areas of biodiversity, including through a network of green spaces and large-scale native vegetation corridor projects.
Clause 12.01-2S Native Vegetation Management
Clause 12.01-2S relates to Native Vegetation Management. The objective of this clause is:
To ensure that there is no net loss to biodiversity as a result of the removal, destruction or lopping of native vegetation.
Strategies are virtually identical to the application of Particular Provision Clause 52.17 (Native Vegetation).
Clause 12.03-1S River corridors, waterways, lakes and wetlands
Objective
To protect and enhance river corridors, waterways, lakes and wetlands.
Strategies
Protect the environmental, cultural and landscape values of all water bodies and wetlands.
Ensure development responds to and respects the significant environmental, conservation, cultural, aesthetic, open space, recreation and tourism assets of water bodies and wetlands.
Ensure development is sensitively designed and sited to maintain and enhance environmental
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Ensure development does not compromise bank stability, increase erosion or impact on a water body or wetland’s natural capacity to manage flood flow.
Clause 13 Environmental Risks and Amenity
Clause 13 addresses environmental risks and amenity. The Clause states:
Planning should strengthen the resilience and safety of communities by adopting a best practice environmental management and risk management approach.
Planning should aim to avoid or minimise natural and human-made environmental hazards, environmental degradation and amenity conflicts.
Planning should identify and manage the potential for the environment and environmental changes to impact on the economic, environmental or social wellbeing of society.
Planning should ensure development and risk mitigation does not detrimentally interfere with important natural processes.
Planning should prepare for and respond to the impacts of climate change.
Clause 13.01-1S Natural hazards and climate change
This clause contains the objective:
To minimise the impacts of natural hazards and adapt to the impacts of climate change through risk-based planning.
Relevant strategies include:
Consider the risks associated with climate change in planning and management decision making processes.
Identify at risk areas using the best available data and climate change science.
Integrate strategic land use planning with emergency management decision making.
Site and design development to minimise risk to life, property, the natural environment and community infrastructure from natural hazards.
Clause 13.02-1S Bushfire planning
This clause applies to all land within a designated bushfire prone area. The subject site is within a bushfire prone area.
Bushfire risk is a consideration for any solar project. The objective of the Clause is:
To strengthen the resilience of settlements and communities to bushfire through risk-based planning that prioritises the protection of human life.
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Relevant strategies seek to identify bushfire hazard and undertake appropriate risk assessment by:
Applying the best available science to identify vegetation, topographic and climatic conditions that create a bushfire hazard.
Considering the best available information about bushfire hazard including the map of designated bushfire prone areas prepared under the Building Act 1993 or regulations made under that Act.
Considering and assessing the bushfire hazard on the basis of:
• Landscape conditions - meaning conditions in the landscape within 20 kilometres (and potentially up to 75 kilometres) of a site;
• Local conditions - meaning conditions in the area within approximately 1 kilometre of a site;
• Neighbourhood conditions - meaning conditions in the area within 400 metres of a site; and
• The site for the development.
Consulting with emergency management agencies and the relevant fire authority early in the process to receive their recommendations and implement appropriate bushfire protection measures.
Ensuring that strategic planning documents, planning scheme amendments, planning permit applications and development plan approvals properly assess bushfire risk and include appropriate bushfire protection measures.
Not approving development where a landowner or proponent has not satisfactorily demonstrated that the relevant policies have been addressed, performance measures satisfied or bushfire protection measures can be adequately implemented.
Clause 13.05-1S Noise abatement
The objective of this clause is:
To assist the control of noise effects on sensitive land uses.
This objective is supported by the strategy:
Ensure that development is not prejudiced and community amenity is not reduced by noise emissions, using a range of building design, urban design and land use separation techniques as appropriate to the land use functions and character of the area.
Clause 13.07-1S Land use compatibility
This clause relates to the safeguarding of community amenity while facilitating appropriate uses with potential off-site amenity effects.
Strategies to achieve this include ensuring that the compatibility of a use or development as appropriate to the land use functions and character of the area by:
Directing land uses to appropriate locations.
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Using a range of building design, urban design, operational and land use separation measures.
Clause 14 Natural Resource Management
This overarching clause outlines that planning should implement wide use of natural resources, including energy and agricultural land.
Clause 14.01-1S Protection of agricultural land
This clause seeks to protect the state’s agricultural base by preserving productive farmland.
Relevant strategies to achieve this include:
Identify areas of productive agricultural land, including land for primary production and intensive agriculture.
Consider state, regional and local, issues and characteristics when assessing agricultural quality and productivity.
Avoid permanent removal of productive agricultural land from the state's agricultural base without consideration of the economic importance of the land for the agricultural production and processing sectors.
Protect productive farmland that is of strategic significance in the local or regional context. Protect productive agricultural land from unplanned loss due to permanent changes in land use.
Proposals to use or develop agricultural land should consider the:
Desirability and impacts of removing the land from primary production, given its agricultural productivity.
Impacts on the continuation of primary production on adjacent land, with particular regard to land values and the viability of infrastructure for such production.
Compatibility between the proposed or likely development and the existing use of the surrounding land.
The potential impacts of land use and development on the spread of plant and animal pests from areas of known infestation into agricultural areas.
Land capability.
Clause 14.01-2S Sustainable agricultural land use
This clause encourages sustainable agricultural use and has the following relevant strategies:
Ensure agricultural and productive rural land use activities are managed to maintain the long- term sustainable use and management of existing natural resources.
Support the development of innovative and sustainable approaches to agricultural and associated rural land use practices.
Support adaptation of the agricultural sector to respond to the potential risks arising from climate change.
Encourage diversification and value-adding of agriculture through effective agricultural production and processing, rural industry and farm-related retailing.
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Assist genuine farming enterprises to embrace opportunities and adjust flexibly to market changes.
Support agricultural investment through the protection and enhancement of appropriate infrastructure.
Facilitate ongoing productivity and investment in high value agriculture.
Facilitate the establishment and expansion of cattle feedlots, pig farms, poultry farms and other intensive animal industries in a manner consistent with orderly and proper planning and protection of the environment.
Ensure that the use and development of land for animal keeping or training is appropriately located and does not detrimentally impact the environment, the operation of surrounding land uses and the amenity of the surrounding area.
Clause 14.02-1S Catchment planning and management
This clause is relevant to proposals within catchment areas of important water bodies. The objective is:
To assist the protection and restoration of catchments, water bodies, groundwater, and the marine environment.
Relevant strategies include:
Ensure the continued availability of clean, high-quality drinking water by protecting water catchments and water supply facilities.
Consider the impacts of catchment management on downstream water quality and freshwater, coastal and marine environments.
Undertake measures to minimise the quantity and retard the flow of stormwater from developed areas.
Require appropriate measures to filter sediment and wastes from stormwater prior to its discharge into waterways, including the preservation of floodplain or other land for wetlands and retention basins.
Ensure that development at or near waterways provide for the protection and enhancement of the environmental qualities of waterways and their instream uses.
Ensure land use and development minimises nutrient contributions to water bodies and the potential for the development of algal blooms.
Require appropriate measures to restrict sediment discharges from construction sites.
Ensure planning is coordinated with the activities of catchment management authorities.
Clause 14.02-2S Water quality
This clause builds on the previous clause to protect water quality through the following relevant strategy:
Protect reservoirs, water mains and local storage facilities from potential contamination.
Clause 14.03-1S Resource exploration and extraction
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This clause is primarily aimed at mineral resources and extraction, however is relevant to other natural resources such as solar and wind energy.
The objective is:
To encourage exploration and extraction of natural resources in accordance with acceptable environmental standards.
Relevant strategies include:
Provide for the long-term protection of natural resources in Victoria.
Recognise the possible need to provide infrastructure for the exploration and extraction of natural resources.
Clause 15 Built Environment and Heritage
This overarching clause outlines that planning should recognise and respond to heritage and energy and resources efficiency, protecting relevant heritage sites whilst supporting sustainable development.
Clause 15.01-6S Design for rural areas
The objective of this clause is:
To ensure development respects valued areas of rural character.
Relevant strategies include:
Ensure that the siting, scale and appearance of development protects and enhances rural character.
Protect the visual amenity of valued rural landscapes and character areas along township approaches and sensitive tourist routes by ensuring new development is sympathetically located.
Site and design development to minimise visual impacts on surrounding natural scenery and landscape features including ridgelines, hill tops, waterways, lakes and wetlands.
Clause 15.02-1S Energy and resource efficiency
The objective of this clause is:
To encourage land use and development that is energy and resource efficient, supports a cooler environment and minimises greenhouse gas emissions.
Relevant supporting strategies include:
Improve the energy, water and waste performance of buildings and subdivisions through environmentally sustainable development.
Promote consolidation of urban development and integration of land use and transport.
Improve efficiency in energy use through greater use of renewable energy technologies and other energy efficiency upgrades.
Encourage retention of existing vegetation and planting of new vegetation as part of
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Clause 15.03-1S Heritage conservation
The objective of this clause is:
To ensure the conservation of places of heritage significance.
Relevant strategies include:
Provide for the protection of natural heritage sites and man-made resources.
Provide for the conservation and enhancement of those places that are of aesthetic, archaeological, architectural, cultural, scientific or social significance.
Encourage appropriate development that respects places with identified heritage values.
Retain those elements that contribute to the importance of the heritage place.
Ensure an appropriate setting and context for heritage places is maintained or enhanced.
Clause 15.03-1S Aboriginal cultural heritage
The objective of this clause is:
To ensure the protection and conservation of places of Aboriginal cultural heritage significance.
Relevant strategies include:
Provide for the protection and conservation of pre-contact and post-contact Aboriginal cultural heritage places.
Clause 17 Economic Development
This overarching clause details that planning should provide for a strong and innovative economy, accounting for all sectors of the economy. In resolving any land use conflicts, planning should seek to build a region’s economy.
Clause 17.01-1S Diversified economy
The objective of this clause is:
To strengthen and diversify the economy.
Relevant strategies include:
Facilitate growth in a range of employment sectors, including health, education, retail, tourism, knowledge industries and professional and technical services based on the emerging and existing strengths of each region.
Support rural economies to grow and diversify.
Clause 17.01-1R Diversified economy – Loddon Mallee South
This clause builds on the previous clause by setting out regional strategies. Relevant strategies include;
Support the ongoing role and contribution of the region’s small towns, settlements and non-
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Support and develop emerging and potential growth sectors such as tourism, renewable energy, resource recovery and other green industries.
Facilitate access to natural resources where appropriate, including sand and stone, minerals, timber and renewable energy potential.
Clause 17.01-2S Innovation and research
The objective of this clause is:
To create opportunities for innovation and the knowledge economy within existing and emerging industries, research and education.
Relevant strategies include:
Encourage the provision of infrastructure that helps people to be innovative and creative, learn new skills and start new businesses in locations identified to accommodate employment and economic growth. Support well-located, appropriate and low-cost premises for not-for-profit or start-up enterprises.
Clause 17.03-1S Industrial land supply
The objective of this clause is:
To ensure availability of land for industry.
Relevant strategies include:
Provide an adequate supply of industrial land in appropriate locations including sufficient stocks of large sites for strategic investment.
Protect and carefully plan existing industrial areas to, where possible, facilitate further industrial development.
Clause 17.03-2S Sustainable industry
This clause seeks to facilitate the sustainable operation of industry.
Clause 18 Transport
This overarching clause outlines that planning should ensure an integrated, reliable and sustainable transport system.
Clause 18.01-1S Land use and transport planning
The clause seeks to create safe and sustainable transport system by integrating land use and transport.
Clause 18.02-4S Car parking
This clause applies in addition to Particular Provision for car parking at Clause 52.06, with the objective:
To ensure an adequate supply of car parking that is appropriately designed and located.
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Relevant strategies include:
Allocate or require land to be set aside for car parking subject to the existing and potential modes of access including public transport, the demand for off-street car parking, road capacity and the potential for demand management of car parking.
Encourage the efficient provision of car parking by consolidating car parking facilities.
Design and locate local car parking to:
- Protect the role and function of nearby roads. - Enable easy and efficient use. - Enable the movement and delivery of goods. - Achieve a high standard of urban design and protect the amenity of the locality, including the amenity of pedestrians and other road users. - Create a safe environment, particularly at night. - Facilitate the use of public transport. Clause 19 Infrastructure
This overarching clause outlines that planning should consider social, economic and environmental impacts in the development of major infrastructure. This includes the following directive regarding the impacts of use and development on energy generation:
Planning should minimise the impact of use and development on the operation of major infrastructure of national, state and regional significance, including communication networks and energy generation and distribution systems.
Clause 19.01-1S Energy supply
The objective of this key clause is:
To facilitate appropriate development of energy supply infrastructure.
Relevant strategies include:
Support the development of energy facilities in appropriate locations where they take advantage of existing infrastructure and provide benefits to industry and the community.
Support transition to a low-carbon economy with renewable energy and greenhouse emission reductions including geothermal, clean coal processing and carbon capture and storage.
Facilitate local energy generation to help diversify the local economy and improve sustainability outcomes.
Clause 19.01-2S Renewable energy
This key contains the objective:
To promote the provision of renewable energy in a manner that ensures appropriate siting and design considerations are met.
The relevant strategies of this clause are:
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Facilitate renewable energy development in appropriate locations.
Protect energy infrastructure against competing and incompatible uses.
Develop appropriate infrastructure to meet community demand for energy services.
Set aside suitable land for future energy infrastructure.
Consider the economic and environmental benefits to the broader community of renewable energy generation while also considering the need to minimise the effects of a proposal on the local community and environment.
Clause 19.01-2R Renewable energy – Loddon Mallee South
This clause provides specific regional support for renewable energy facilities, providing the supporting strategy to:
Support and facilitate development in renewable energy, waste to energy, carbon sequestration and other new energy opportunities.
Clause 21.01 Overview of the Mount Alexander Shire
This clause provides an overview of the profile and issues of the municipality. Poor and declining water quality in the catchments, as well as reduction in the extent and condition of waterways and wetlands are identified as key issues.
Clause 21.02 Vision and Framework Plan
This clause identifies a broader vision and plan for the municipality. Newstead is classified as a Local community centre, identified as a local service centre and convenience shopping for township and surrounding rural hinterlands. Identity is derived from mature street trees, historic buildings and the Loddon River, which flows through the township.
Clause 21.03 Settlement
This clause provides local content to support Clause 11.
Relevant key issues are:
Protecting areas of environmental and landscape significance, particularly areas of remnant native vegetation around Castlemaine.
Figure 2 under this clause identifies the subject site within the vicinity of the rural highway corridor between towns that is to be protected in terms of views to the surrounding landscape.
Clause 21.04 Environment and Landscape Values
This Clause provides local support to Clause 12. It mainly focuses on the threat to biodiversity from urban development however includes consideration of the “threats to biodiversity include clearing of native vegetation for land development, spread of weeds and predation by invasive species, poor land management practices and the impact of climate change.”
Clause 21.04-1 Biodiversity
This clause gives specific support to biodiversity protection. Relevant objectives and strategies include the following:
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Objective 1 To identify and protect remnant native vegetation on privately owned land.
Objective 2 To protect the biodiversity values of public land including roadsides.
Strategies Discourage land use activities and development on adjacent private land that could potentially conflict with habitat conservation.
Objective 3 To identify and protect native fauna and its habitat.
Strategies Maintain or improve strategic biodiversity values, particularly those areas with the highest scores as shown in Figure 4.
Objective 4 To improve the conservation status of native fauna and flora in the Shire, especially the most threatened species.
Strategies Ensure no net loss in habitat extent and quality across the Shire’s range of native vegetation communities.
Clause 21.04-2 Significant landscapes
This clause gives specific support to protecting significant landscapes. The objective is:
To recognise and protect landscapes of environmental, scenic, social and cultural heritage importance from inappropriate development.
Relevant strategies for this objective include:
Discourage development on, or close to, prominent ridges and hilltops.
Ensure the sensitive siting of buildings and other structures having regard to the protection of prominent ridgelines, significant views and areas of remnant vegetation.
Clause 21.04-3 Rural and landscape character
The clause seeks to protect the rural appearance of the shire.
The objective is:
To ensure that the use and development of rural land does not detract from the appearance and character of the area.
Relevant strategies include:
Discourage buildings close to roads in rural areas that will have a negative visual impact from the public domain unless specific measures to minimise those impacts are proposed.
Require the use of building materials and colours which are in context with the surrounding environment in areas of landscape significance and in rural areas.
Clause 21.05 Environmental Risks
This clause provides local content to support Clause 13.
Clause 21.05-1 Climate Change
In this clause the shire recognises the negative impacts of climate change, however identifies potential opportunities in agriculture and alternative energy sectors.
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The objective is:
To increase the Shire’s resilience to the adverse effects of climate change.
Clause 21.05-5 Bushfire
This clause recognises bushfire as a significant risk for the shire. The relevant objective is:
To minimise the risk of bushfire to life and property.
Relevant strategies include:
Discourage developments that do not respond appropriately to bushfire risk, having regard to the advice of the Country Fire Authority.
Clause 21.06 Natural Resource Management
This clause provides local content to support Clause 14. It acknowledges the importance of agriculture in the municipality, whilst noting that regional and global trends as well as climate change is impacting land use change.
Clause 21.06-1 Protection of agricultural land
This key clause outlines the strong support for continued viable sustainable agricultural in the shire.
Key issues that are outlined under the clause include:
Protecting the future of agricultural land of local and regional strategic significance.
Relevant objectives include:
To protect the land and water resources relied upon by agriculture.
Supporting strategies that are relevant include:
Promote agriculture and horticulture as the primary land uses in the Shire unless other land uses are strategically justified.
The Mount Alexander Rural Land Study 2014 is a reference document under this clause. Figure 6 under this clause is taken from the study and shows the subject site within the vicinity of Class 3 (Moderate) and Class 4 (Low) quality agricultural land. It is noted in the study the map is strategic indicator and cannot be used at the individual property level.
Clause 21.06-2 Sustainable agricultural land use
Relevant objective under this clause is:
Diversify the agricultural base of the Shire to increase resilience to change.
Strategies include:
Encourage agricultural diversity.
Promote opportunities for new farming enterprises to incorporate innovative technologies and use of land.
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Encourage farm management practices that are sustainable and reflect the optimal use of the land.
Clause 21.06-3 Water
The relevant objective is:
To improve water quality and waterway health in the Shire.
Supporting strategies include:
Protect native vegetation and encourage appropriate revegetation to prevent land degradation, maintain water quality and protect biodiversity of flora and fauna species.
Ensure that the maintenance of acceptable water quality standards and the natural condition of watercourses are considered in the assessment of land use proposals.
Protect and assist community environmental projects involved in protecting, rehabilitating or enhancing watercourses or areas of remnant vegetation.
Clause 21.07 Built Environment and Heritage
This clause provides local content to Clause 15.
Clause 21.07-2 Sustainable Environments
This clause references urban development but is relevant to any development in the shire that enables sustainable urban development. Particularly development facilitated by local community groups for local urban use of the energy resource that is to be generated.
The relevant objective is:
To reduce energy use and greenhouse gas emissions.
Clause 21.07-3 Heritage
This clause relates to heritage conservation, both Aboriginal and non-Aboriginal.
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Newstead Solar Farm Application for planning permit
Relevant objectives and strategies include:
Objective 1 To protect and conserve the significance of all Aboriginal and non-Aboriginal heritage places. Strategies Ensure that all new developments within the Heritage Overlay harmoniously integrate with the heritage character of towns and areas. Ensure that all heritage places are conserved in a sympathetic manner and in ways that reveal the heritage value of the place. Ensure that land use and development proposals protect and manage sites of archaeological significance. Objective 2 To protect significant natural and cultural heritage landscapes. Clause 21.09 Economic Development
This clause provides local content to support Clause 17.
Clause 21.09-2 Industry
The clause seeks to reinforce and diversify the shire’s industry base.
Relevant objectives and strategies are:
Objective 1 To facilitate the establishment and further development of industry in the Shire.
Strategy Encourage new and existing industries to locate within existing and planned industrial estates where all physical infrastructure is available and which are readily accessible to transport networks.
Objective 2 To protect the amenity of residential areas from uses with adverse amenity potential.
Strategies Provide locations for new industrial development adjacent to a highway or major road and away from existing or proposed residential areas.
Strongly discourage the establishment of industry that may have offsite amenity impacts on land outside of existing and planned industrial estates.
Clause 21.11 Infrastructure
This clause provides local support to Clause 19.
The overview of this clause states “The Shire is well placed to take advantage of new renewable energy industries, particularly wind energy.”
Relevant objectives include:
To provide infrastructure to meet the needs of the Shire’s communities.
Clause 22.01 Heritage
This clause applies to all land within a Heritage Overlay and builds upon the heritage objectives of Clause 21.07. The clause generally encourages retention of appropriate heritage places with no significant specific references of relevance to the subject site or developments of the nature proposed.
Clause 22.04 Use and development of land in the Farming Zone and Rural Living Zone
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Newstead Solar Farm Application for planning permit
This clause applies to use and development in the Farming Zone. The policy generally seeks to prevent the fragmentation and degradation of agricultural land that results from inappropriate residential development in agricultural areas.
5.8 OTHER POLICIES AND GUIDELINES
SOLAR ENERGY FACILITIES – DESIGN AND DEVELOPMENT GUIDELINE (DELWP) The Victorian Government has developed the Solar Energy Facilities - Design and Development Guideline (August 2019) aiming to help outline the assessment and development process for large-scale solar energy facilities in Victoria.
This guideline provides:
• information for solar farm developers (proponents), the community, regulators and decision-makers (responsible authorities) relating to the Planning and Environment Act 1987 (the P&E Act) and the Victoria Planning Provisions (VPPs) • information and direction about the policy, legislative and statutory planning requirements relating to the siting and design of solar energy facilities • an overview of best-practice advice relating to each stage of the site selection, design, construction, operation and decommissioning continuum. The document outlines what solar facilities are, how to identify suitable locations, best practice for proponents, and information and considerations for applying for a planning permit.
The Guidelines require a site analysis and design response to be prepared. There are detailed matters that are required as part of the design response as follows:
• detailed plans and elevations of the proposed development including the layout and height of the facility and associated building and works, and their materials, reflectivity, colour, lighting and landscaping • detailed plans and elevations of the proposed transmission infrastructure and electricity utility works required to connect the facility to the electricity network, access roads and parking areas • accurate visual simulations illustrating the development in the context of the surrounding • area and from key public viewpoints • the extent and assessment of any vegetation removal • a rehabilitation plan for the site. The design response should also include one or more written reports and assessments including:
• a description of the proposal including the types of process to be utilised, materials to be stored and the treatment of waste • an explanation of how the proposed design derives from and responds to the site analysis including cumulative impacts with any other existing and proposed renewable energy facilities in the surrounding area • an explanation of agricultural values and production including irrigation infrastructure impacts and whether any land is productive farmland of strategic significance • whether a works approval or licence is required from EPA Victoria or another authority administering the regulatory requirements of the Dangerous Goods Act 1985 • a description of how the proposal responds to any significant landscape features for the area identified in the planning scheme.
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Newstead Solar Farm Application for planning permit
• An assessment of:
- the potential amenity impacts (such as noise; glint or glare; light spill; emissions to air, land or water; vibration; smell and electromagnetic interference): an assessment of potential noise impacts should have regard to EPA Victoria’s Noise from industry in regional Victoria guidelines
- the effects of traffic to be generated on roads
- the visual impact of the proposal on the surrounding landscape
- the visual impact on abutting land that is described in a schedule to the National Parks Act 1975 and Ramsar wetlands and coastal areas
- the impact of the proposal on any species (including birds and bats) listed under the Flora and Fauna Guarantee Act 1988 or the Environment Protection and Biodiversity Conservation Act 1999
- the impacts on Aboriginal or non-Aboriginal cultural heritage
The Guideline also gives further detail around the decision guidelines of Clause 53.13 Renewable Energy Facility as follows:
The effect of the proposal on the surrounding area in terms of noise, glint, light spill, vibration, smell and electromagnetic interference.
- whether the impact is acceptable of can be managed in accordance with relevant Australian and New Zealand standards or other regulatory requirements. - if the assessment was undertaken by a suitably qualified person - the spatial extent, length and duration of the impact and whether it is for a limited or extended period - whether the impact can be mitigated via an appropriate built form, landscaping or other management response.
The impact on significant views including visual corridors and sightlines.
- the amount of change proposed by works including earthworks, and the sensitivity of the landscape features to that change - the visibility of the solar energy facility from vantage points accessible to the public and the ability to screen areas of development from view - the locations and distances from which a solar energy facility can be viewed from a sensitive land use - the significance of the landscape as described in the planning scheme including in an overlay, a relevant strategic study or by landscape features referenced in the planning scheme - landscape values associated with nearby land such as specified areas of landscape and environmental significance, specified coastal locations and areas identified to accommodate future population growth of regional cities and centres.
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Newstead Solar Farm Application for planning permit
The impact of the proposal on strategically important agricultural land, particularly within a declared irrigation district
- the impact on (including numbers of) irrigators downstream of the proposed site that depend on the ongoing operation of irrigation assets traversing the site - the usage level of water compared to the actual capacity of the irrigation infrastructure servicing the site, based on rural water corporation mapping - whether or not the irrigation infrastructure servicing the site has benefitted from Commonwealth or state government investment in infrastructure modernisation - whether the proposed site is connected to the modernised irrigation infrastructure and is integral to the rural water corporation’s current and/or future planning for the viability of the irrigation district - whether or not the overall change in land use at the site aligns with a rural water corporation’s asset management planning strategy for the viability of the irrigation district - whether the change in land use closes off any future opportunities for a rural water corporation to make irrigation footprint adjustments identified under a plan or strategy.
The impact of the proposal on the natural environment and natural systems
- how any onsite earthworks, buildings or other works will alter the natural processes occurring on land - whether the removal, lopping or destroying of any vegetation can be avoided or minimised through alternative design arrangements - proximity to natural and man-made water courses and the establishment of appropriate setbacks from these to maintain habitat and natural processes - impacts on landscape values associated with nearby public land described in a schedule to the National Parks Act 1975 or with Ramsar wetlands - how bushfire and flood management measures will be dealt with to the satisfaction of the relevant referral authorities.
The impact of a proposal on the local road network.
- whether access to and from the site meets requirements established by the relevant road management authority - the impact of traffic movements to and from the site with the road network operating normally - the impact of traffic movements causing wear and tear on the road network.
CFA GUIDELINES FOR RENEWABLE ENERGY INSTALLATIONS The purpose of these guidelines is to provide details about standard measures and processes in relation to fire safety, risk and emergency management that should be considered when designing, constructing and operating new renewable energy facilities, and upgrading existing facilities.
Renewable energy facilities that support the generation of electricity in Victoria include wind farms, solar farms, and battery storage facilities, which are the focus of this guideline.
CFA requires that facility operators develop an emergency management plan consistent with the requirements of Australian Standard 3745: Planning for emergencies in facilities. We would expect this to be a condition of any planning permit that may issue.
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Newstead Solar Farm Application for planning permit
There are certain access requirements some of which include:
Adequate access to and within the facility will assist CFA in responding to and managing fires on- site. To enable access for fire vehicles, CFA requires that the following provisions be considered:
3.1.1 A four (4) metre perimeter road should be constructed within the ten (10) metre perimeter fire break.
3.1.2 Roads are to be of all-weather construction and capable of accommodating a vehicle of 15 tonnes.
3.1.3 Constructed roads should be a minimum of four (4) metres in trafficable width with a four (4) metre vertical clearance for the width of the formed road surface.
Specific guidelines for solar energy facilities include:
6.1.1 Solar facilities are to have a 6 metre separation between solar panel banks/rows.
6.2.1 Solar farm operators must provide specifications for safe operating conditions for temperature and the safety issues related to electricity generation, including isolation and shut-down procedures, if solar panels are involved in fire. This information must be provided within the content of the emergency information book.
6.3.1 Solar arrays are to have grass vegetation maintained to 100mm under the array installation or mineral earth or non-combustible mulch such as stone.
6.3.2 Where practicable, solar energy installations can be sited on grazed paddocks. In this case, vegetation is to be managed as per the requirements of this guideline, or as informed through a risk management process.
Whilst all proposed works are outside the Bushfire Management Overlay (BMO) the recommendations for fuel management will be considered and contained in any Fire Management Plan that will be prepared.
NORTH CENTRAL REGIONAL CATCHMENT STRATEGY 2013-2019 The 2013-19 North Central Regional Catchment Strategy (RCS) provides long-term vision for natural resource management within the North Central CMA region.
The North Central RCS vision is ‘a community active in protecting and enhancing the integrity of its catchment'. To achieve this the RCS sets regional priorities for the management of natural assets, sets overall direction for investment and coordination of effort by landholders, partner organisations and the wider community. It provides a framework that supports and encourages participation in protecting and enhancing the environment.
Under Clause 35.07 (Farming Zone) the regional catchment strategy must be considered in assessing an application under this zone.
MOUNT ALEXANDER SHIRE COUNCIL RURAL LAND STUDY 2014 The Mount Alexander Shire Council Rural Land Study 2014 was adopted by Council on 11 February 2014. The study is referenced under Clause 21.06-1 in relation to the protection of agricultural land.
The broad objective of a Rural Land Study is to balance the zones available in the Victorian Planning Provisions to the needs of the key rural land uses: agriculture, biodiversity, tourism, natural resource use; recreation and cultural heritage, whilst allowing for flexibility and
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Newstead Solar Farm Application for planning permit innovation, reducing future land use conflicts and avoiding fragmentation of land used for farming across the whole Shire.
5.9 LEGISLATION
PLANNING AND ENVIRONMENT ACT 1987 (VIC) The purpose of the Planning and Environment Act is to establish a framework for planning the use, development and protection of land in Victoria in the present and long-term interests of all Victorians.
The Planning and Environment Act 1987 objectives are:
a) to provide for the fair, orderly, economic and sustainable use, and development of land
b) to provide for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity
c) to secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria
d) to conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value
e) to protect public utilities and other assets and enable the orderly provision and co- ordination of public utilities and other facilities for the benefit of the community
f) to facilitate development in accordance with the objectives set out in paragraphs (a), (b), (c), (d) and (e)
g) to balance the present and future interests of all Victorians.
ENVIRONMENT PROTECTION ACT 2018 (VIC) The Environment Protection Act establishes the legislative framework for protecting the environment in Victoria. It regulates certain activities with the potential to impact on the environment and prohibits the occupier of ‘scheduled premises’ from doing any act or thing (installing any plant, equipment or process) that is likely to cause the discharge or emission of waste to the environment unless authorized to do so.
Under the Environment Protection (Scheduled Premises and Exemptions) Regulations 2017, ‘a quarry’ are scheduled premises. Accordingly, a works approval would be required for development of the quarry. The works approval application shall be assessed by EPA Victoria.
A number of State Environment Protection Policies (SEPPs) have been prepared under this Act, which typically set standards, guidelines and environmental quality objectives and indicators to protect beneficial uses of the environment, including noise surface and groundwater, land contamination and air quality. SEPPs express in law the community’s expectations, needs and priorities for using and protecting the environment.
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Newstead Solar Farm Application for planning permit
The EPA and the legislation it administer is currently undergoing a transformation:
• The EP Act 1970 is in force and contains all currently operational substantive provisions and some currently operational procedural provisions.
• The Environmental Protection Act 2017 (2017 Act) is in force and contains currently operational procedural and administrative provisions. The 2017 Act establishes the EPA and sets out its objectives.
• The Environment Protection (Amendment) Act 2018 (2018 Act) received assent on 28 August 2018 but most provisions will commence on the earlier of a day to be declared or 1 December 2020. The Victorian Government’s intention is that the Act will commence on 1 July 2020. The 2018 Act introduces substantive provisions into the 2017 Act and repeals the EP Act 2017. Many aspects of the 2018 Act require regulations to activate the substantive provisions.
• The 2017 Act as it will be amended by the 2018 Act (New EP Act) takes a fundamentally different approach to environmental regulation from the approach taken in the former Act.
The focus moves from protecting the environment per se, to preventing pollution and waste. At the highest level, prescriptive offences will be replaced by duties, most prominently the general environmental duty.
The general environmental duty applies to any person who is engaging in an activity that may give rise to risks of harm to human health or the environment from pollution or waste, and requires such a person to minimise those risks, so far as reasonably practicable (New EP Act, s 25(1)). ‘Reasonably practicable” places a limit on what needs to be done, balancing risk and cost. A failure to comply with the general environmental duty is an indictable offence (proof beyond reasonable doubt- a higher standard), and civil penalties (proof on the balance of probabilities – a lower standard) are also available for breach.
This project, if approved will be developed under the provisions of the new Act.
ENVIRONMENT EFFECTS ACT 1978 In Victoria, environment assessment of the potential environmental impacts or effects of a proposed development may be required under the Environment Effects Act 1978.
The process under this Act is not an approval process itself, rather it enables statutory decision- makers (Ministers, local government and statutory authorities) to make decisions about whether a project with potentially significant environmental effects should proceed.
If the Minister for Planning decides that an Environment Effects Statement (EES) is required, the project proponent is responsible for preparing the EES and undertaking the necessary investigations.
A referral or preparation of an Environmental Effects Statement under the Environment Effects Act 1978 is unlikely to be required for this project, as the proposed activity has been designed to avoid impacting patches of Box Ironbark Forest and the impacts are limited to four scattered native trees.
ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) came into force on 16 July 2000. The EPBC Act protects matters of National Environmental Significance. The
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Newstead Solar Farm Application for planning permit objectives of the EPBC Act are as follows:
• To provide for the protection of the environment, especially those aspects of the environment that are matters of national environmental significance; • To promote ecologically sustainable development through the conservation and ecologically sustainable use of natural resources; • To promote the conservation of biodiversity; • To provide for the protection and conservation of heritage; • To promote a cooperative approach to the protection and management of the environment involving governments, the community, landholders and Indigenous peoples; • To assist in the cooperative implementation of Australia’s international environmental responsibilities; • To recognise the role of Indigenous people in the conservation and ecologically sustainable use of Australia’s biodiversity; and • To promote the use of Indigenous peoples’ knowledge of biodiversity with the involvement of, and in cooperation with, the owners of the knowledge. As outlined in the Ecological Assessment, an EPBC Act referral will not be required.
FLORA AND FAUNA GUARANTEE ACT 1988 (VIC) Victoria’s Flora and Fauna Guarantee Act 1988 provides a framework for biodiversity conservation in Victoria. The Act provides for the listing of threatened species, communities of flora and fauna and potentially threatening processes. A number of non-threatened flora species are also protected under the Act.
No listed threatened or protected flora species or communities, or species listed as critically endangered, endangered, vulnerable or rare in Victoria were recorded within the project area. An FFG Act permit will not be required in this instance.
CLIMATE CHANGE ACT 2017 (VIC) The Climate Change Act 2017 commenced operation on 1 November 2017 and seeks, among other purposes, to set a long-term greenhouse gas emissions reduction target and to provide the setting for five-yearly interim reduction targets to reach the long-term target. Section 6 states that for the purposes of the Act, “the long term emissions reduction target for the State is an amount of net zero greenhouse gas emissions by the year 2050”.
Section 20 states:
The Government of Victoria will endeavour to ensure that any decision made by the Government and any policy, program or process developed or implemented by the Government appropriately takes account of climate change if it is relevant by having regard to the policy objectives and the guiding principles.
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Newstead Solar Farm Application for planning permit
6 PLANNING ASSESSMENT This section outlines how the proposal meets or responds to the relevant provisions and guidelines. In particular it addresses the requirements and considerations of the Solar Guidelines as well as the provisions of the Mount Alexander Planning Scheme. Matters are addressed thematically.
One of the key planning issues in assessing this proposal lies in balancing the raft of policies that specifically promote renewable energy facilities (Clauses 15.02-1, 19.01) against policies that seek to protect agricultural land (Clause 14.01, 21.06-1, 21.06-2).
Other key clauses include:
Clause 35.07 Farming Zone: The zone seeks to provide the use of land for agriculture whilst ensuring non-agricultural uses do not adversely affect the use of land for agriculture.
Clause 53.13 Renewable Energy Facility: This clause provides a framework for assessing amenity and design themes relevant to a solar renewable energy facility. The Solar Energy Facilities Design and Development Guideline as directed by Clause 53.13 also forms an integral part of assessment.
6.1 SITE ANALYSIS The proposed Newstead Solar farm site was selected over other sites in the region as part of this unique community solar farm project.
Any potential site needed to be:
• proximate to Newstead (but not too close to town)
• proximate to a 22kv line (with indicative spare capacity as defined by Powercor)
• be relatively flat
• have limited vegetation
• preferably not affected by any planning scheme overlays (however this does not discount a site)
• not be highly visible from main road or significant locations
• have few dwellings located proximate to it
• be of a suitable size to accommodate a 10MW solar farm
• Have a willing and engaged landowner.
The subject site was selected over others because it meets the above criteria.
6.2 DESIGN RESPONSE The solar array layout has been designed with a range of factors in mind.
• A setback from the 66kV line / easement at the north end of the site.
• 30 m setback from the eastern boundary in the northern section has been applied for the following reasons:
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Newstead Solar Farm Application for planning permit
o A 30 m setback is suggested in the Solar Design Guidelines
o There is a slim line of a Heritage Overlay that affects this section (although there are no heritage assets in this location)
o The land in that location is of greater slope than the central and western part of that paddock.
• The efficiency of design of solar arrays relies on having large sections or banks of array area, rather than being broken up into sections to avoid, for example, trees or dams. In saying that, this design has sought to avoid most vegetation, by avoiding the gully and putting a second ‘bank’ of solar arrays in the southern portion of the site.
• The setback from the southwestern corner is required due to the existence of a gas line cage valve.
• The vegetation in the south has been avoided.
6.3 HERITAGE The subject site is partially affected by the HO1074 (Byron Reef Quartz Mines, Pyrenees Highway) in the north-eastern corner of the site. The proposed solar panel structures within this section of the site do not compromise the values of the heritage place and accord with the relevant sections of the scheme that promote conservation of heritage places. The significance of the place is related to the spoil heaps of the former Byron Reef mine, which contributed to the proliferation of mining in the area in the late 1870s. An excerpt from the Heritage Study of the (former) Shire of Newstead, Shire of Mount Alexander 2004 (reference document under Clause 21.07) outlines the following relevant information: “The Byron Reef mine, near Newstead, obtained ‘splendid returns’ that encouraged new companies to begin reef mining in the late 1870s. “ (pg 33) Although the heritage overlay affects the subject site, the relevant spoil heaps for the former Byron Reef mine are located on adjacent land to the east and have partially washed onto the subject site, as shown in Figure 6-1 and Figure 6-2 below. Infrastructure including solar panels will be set back a minimum of 30m from this boundary ensuring that no significant heritage material is affected.
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Newstead Solar Farm Application for planning permit
Figure 6-1 View of the former Byron Reef mine from the subject site facing south-east
Figure 6-2 View of the former Byron Reef mine from the subject site facing east
Given the significance of the heritage place is associated primarily with the adjacent site, and that works are suitably set back from this boundary, the proposal will not cause any undue impact on the heritage place in accordance with Clauses 43.01 Heritage Overlay and the
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Newstead Solar Farm Application for planning permit
Planning Policy Framework, in particular Clauses 15.03 Heritage and 21.07 Built Environment and Heritage. 6.4 FLORA AND FAUNA The proposal has been assessed against the relevant policies and guidelines in relation to impacts on flora and fauna in the form of the Ecological Assessment. A permit is triggered for the removal of native vegetation pursuant to Clause 52.17. The Ecological Assessment concludes on the following in relation to Flora and Fauna impacts of the proposal:
- The siting and design of the solar farm meet the minimum criteria for considering and avoiding impacts to flora and fauna under the Solar Farm Guidelines. The solar panels are located in areas of pasture with low quality ecological values. The principles of avoid and minimise were applied during the planning phase of the project.
- No listed flora species were recorded and none are likely to occur.
- The removal of four scattered trees is unlikely to result in a significant impact to Swift Parrot as the site is unlikely to support a Swift Parrot population during the over wintering period. An EPBC Act referral will not be required in this instance. The removal of four scattered trees is unlikely to adversely impact Brush-tailed Phascogale population in the local area.
- The removal of four scattered trees has been assessed under the Intermediate Pathway under the Native Vegetation Guidelines.
- The native vegetation removal report identified a general offset amount of 0.089 general habitat units and three large trees. The general offset must have a minimum strategic biodiversity value score of 0.328 and be within the North Central Catchment Management Authority area or Mount Alexander Shire Council. The offset will be sourced as an allocated credit extract through the Native Vegetation Credit Register.
- It is recommended that a CEMP be prepared to mitigate the potential impacts on ecological values within the project area during construction
An Ecological Assessment has been prepared by Okologie Consulting and is included at Appendix A. The Ecological Assessment demonstrates that there will not be any unreasonable impacts on the flora and fauna in this area or on site. The project meets the key objectives of Clause 12.01-S Protection of biodiversity, Clause 12.01-2S Native Vegetation Management and the purpose of Clause 52.17 Native Vegetation as the siting and design is such that it avoids significant impacts to native vegetation and is located on pasture of low ecological quality.
6.5 GEOTECHNICAL Geotechnical investigations conducted by Hardrock Geotechnical involved the drilling boreholes and taking samples for laboratory analysis. A Geotechnical Investigation was completed by Hardrock Geotechnical to accompany the application, included at Appendix B.
The main conclusions of the report outline the measures that will be required to ensure suitable foundations for the proposed structures. No significant limiting factors were identified that would limit development of the site for a solar energy facility.
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Newstead Solar Farm Application for planning permit
6.6 AGRICULTURAL IMPACTS An Agricultural Assessment Report has been completed by Meridian Agriculture and is included at Appendix C.
The main conclusions of the report as relevant to this application are:
• The soils of this site are not of high quality, being inferior to the alluvial soils of the Loddon River on the northern side of the Pyrenees Highway or the volcanic soils of the Moorlort Plains towards Carisbrook.
• The land is not located in an irrigation district.
• …the area to be occupied by the solar farm is approximately 23.6ha. The removal of this area of land from agricultural production or its reduction in productivity due to the construction of the solar farm will have an insignificant impact on the agricultural production of the region.
• The design of the solar farm will not preclude the use of the land for grazing during its operation. When the solar farm is decommissioned, there will be no residual detrimental impact on the productivity of the site.
In relation to surrounding land:
• The installation of the solar farm will have no effect on the ability of surrounding property owners or the owner to undertake grazing activities, nor will it impact on the agricultural sector in the wider region.
Given the low quality of the subject site and the lack of interference with surrounding agricultural uses, the proposal complies with Clause 35.07 Farming Zone and the Planning Policy Framework at Clauses 14.01 Agriculture, Clause 21.06-2 Sustainable Agriculture, particularly when balanced against Clauses 19.01-2 which seek to promote renewable energy within Loddon Mallee South region and include the effects of climate change within any consideration of sustainability of agriculture.
6.7 NOISE IMPACTS An Acoustic Planning Report completed by ARUP is included at Appendix D. The impact of the facility on surrounding receivers in relation to noise impacts has been assessed as part of that report. As outlined in the report, the proposal has been assessed against the relevant policies and guidelines for noise impacts, including: - Solar Energy Facilities Design and Development Guideline - EPA Noise from Industry in Regional Victoria Publication 1411 (NIRV) Main noise sources include: - Noise from the combined transformer and inverter units (Sunny Central 2500- EV inverter/transformer); - Tracking solar panel motors (Canadian Solar CS1U – 400MS) The closest receivers were identified as dwellings at 245 Clarke Lane and 18 Captains Gully Road. Compliance at these dwellings would mean compliance for dwellings further afield. Results of the assessment show compliance at all residential receivers, with a highest predicted noise level of 38dB(A) for evening period (noise limit of 41dB(A)), and a highest predicted noise
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Newstead Solar Farm Application for planning permit level of 35dB(A) for daytime/evening period (noise limit of 36dB(A)). The proposal therefore complies with the NIRV and the relevant guidelines for solar farm operation under the planning scheme in relation to noise. The proposal complies with the relevant policies that aim to ensure appropriate noise limits are maintained for operation of industrial facilities, particularly those impact from facilities on residential amenity. The proposal complies with the Planning Policy Framework at Clause 13.05 and Clause 53.13 in particular, which contains the DELWP Solar Farm Guidelines and outlines compliance with the EPA NIRV as the relevant measure for solar farm noise. 6.8 VISUAL AND LANDSCAPE IMPACTS
VIEWPOINTS Viewpoints from all around the site were assessed with three main views considered representative to assess the visual impact of the proposal and photomontages prepared.
A site inspection was also conducted to understand key public and private realm views of the subject site. Views considered most important are those from the nearest dwellings and also the visibility of the solar array from public roads.
The facility will have an acceptable impact on visual amenity and the landscape for the following reasons:
- The solar panel arrays will form an appropriate part of the landscape, which itself is a patchwork of features including open paddocks, parcels of remnant woodland vegetation, and sparsely populated dwellings and agricultural buildings such as large sheds. Where viewable from the public realm, the patchwork of solar arrays will fit within this undulating landscape of a mix of textures and forms.
- Photomontages show that the impacts of the facility will be most prominent from Captains Gully Road facing north-east into the rise of the site, with little view of the facility from other public viewpoints.
- Given the topography of the site rising up to the north-east, the closest dwelling 300m to the north-east will not be significantly impacted. Other dwellings within proximity to the north of the site will be largely screened form the facility through topography and/or existing vegetation screening.
- The site is not within any particular planning control relating to landscape significance (such as the Significant Landscape Overlay). The connection point of the facility will encroach into the SLO to the north of the site along Pyrenees Highway, however the new 22kV power line will be a negligible addition given it is connecting to an existing 22kV power line already within the SLO.
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Figure 6-3 Photomontage Viewpoint 1 47 Newstead Solar Farm Application for planning permit
Figure 6-4 Photomontage Viewpoint 2
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Newstead Solar Farm Application for planning permit
Figure 6-5 Photomontage Viewpoint 3
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Newstead Solar Farm Application for planning permit
In terms of visual impact, the Planning Policy Framework contains a range of considerations relating to landscape and character which have been taken into consideration when selecting this particular site. Due to the location of the site, and the proposed screening landscaping, the proposal is consistent with the objectives of the Planning Policy Framework. In particular Clause 12.05 Significant Environments and Landscapes, and local supporting policy Clause 21.04 Environmental and Landscape Values.
6.9 ELECTROMAGNETIC INTERFERENCE The risk of EMI from PV systems is typically very low as is validated by the advice from the Australian Radiation Protection and Nuclear Safety Agency contained within the Solar Energy Facilities – Design and Development Guidelines July 2019:
“Electrical equipment produces electromagnetic radiation. Radiation produced by transformers and inverters is reduced through performance standards that apply to standard components.
The Australian Radiation Protection and Nuclear Safety Agency advises that the strength of this radiation will decrease with distance from the source, and it will become indistinguishable from background radiation within 50m of a high-voltage power line and within 5 to 10m of a substation. The design and layout of the facility should account for this information.”1
This is further validated by the statement from American Federal Aviation Administration.
“Due to their low profiles, solar PV systems typically represent little risk of interfering with radar transmissions. In addition, solar panels do not emit electromagnetic waves over distances that could interfere with radar signal transmissions, and any electrical facilities that do carry concentrated current are buried beneath the ground and away from any signal transmission.”
Given the above guidelines under the Solar Farm Guidelines under Clause 52.13 Renewable Energy Facility, the facility will have negligible impacts in relation to electromagnetic radiation and interference, with site facilities that generate these effects being well over 50m from any sensitive receivers.
6.10 AVIATION AND GLINT AND GLARE An Aeronautical Impact Assessment and Glare Analysis was completed by Chiron Aviation Consultants and is included at Appendix E. The conclusions of this report in relation to the impacts of the proposal on aviation and glint and glare are:
- There is one aerodrome within 15km of the NSF boundary. That is Castlemaine, an Uncertified Aeroplane Landing Area (ALA) 6.4nm (12km) east southeast of the NSF. It is depicted on Melbourne Visual Navigation Chart (an aeronautical chart) and is considered sufficiently distant from the Newstead Solar Farm for there to be no impact on aircraft operations.
- The Glint and Glare Analysis utilised the Sandia National Laboratories Solar Glare Hazard Analysis Tool (SGHAT). This tool provides results that comply with the United States of America Federal Aviation Administration (FAA) requirements. The Australian Civil Aviation Safety Authority (CASA) accepts these results. The glint and glare analysis for Castlemaine ALA predicted no glare and consequently no effect on aircraft operations.
- The glint and glare analysis for nearby roads and dwellings shows that, whilst solar reflection is geometrically possible, there is no glare predicted. The SGHAT analysis for the roads and the dwellings predicts no glare. There are existing wind break trees along both roads and landscape screening around the proximate dwellings. This provides mitigation.
50 Newstead Solar Farm Application for planning permit
- An aircraft operating to the Visual Flight Rules is permitted to fly as low as 500ft above ground level in certain circumstances. At this height, depending on the direction of travel, there is a possibility of glare and glint as the aircraft flies overhead the solar farm. Such an occurrence will be of low impact and acceptable due to the speed and direction of the aircraft flight.
Given the distance of airports from the subject site, the topography of the land and the general design, the proposal will not cause any undue impact on aviation operations, dwellings or roads in the area.
The proposal therefore complies with the relevant policies of the planning scheme, specifically under the Solar Farm Guidelines at Clause 53.13 Renewable Energy Facility and glint and glare management. There will predominantly be no impact for all receivers, with low impact not requiring mitigation for possible low flying aircraft choosing to fly in the vicinity of the site.
6.11 NATURAL HAZARD MANAGEMENT
BUSHFIRE The proposal accords with the relevant sections of the scheme, in particular, Clause 13.02-1S (Bushfire planning) in relation to managing fire risks. The CFA Guidelines for Renewable Energy Installations have also been considered and applied to the design.
The proposal accords with the relevant policies and guidelines, and presents a low and acceptable risk to fire safety for the following reasons:
- The site is within a Designated Bushfire Prone Area however is not affected by the Bushfire Management Overlay.
- Separation between solar arrays is provided as per 6.1.1 of CFA guideline
- Grass vegetation underneath panels, including any weeds, will be suitably managed to 100mm by an appropriate grazing regime, in accordance with 6.3.2 of the CFA guidelines
- Access roads around the perimeter and appropriate setbacks from all site boundaries will ensure appropriate fire management is able to be achieved in accordance with CFA guidelines.
Appropriate fire management, including emergency information, will be included in a Fire Management Plan for the project which would be expected to be a condition on any permit that may issue. The proposal accords with Clause 13.02-1 Bushfire planning, and CFA’s guidelines, in accordance with the relevant requirements of the planning scheme and the Solar Farm Guidelines.
FLOOD The relevant planning controls (the absence of any overlay) together with the technical reports demonstrate that flooding is not a significant risk for the development.
The Geotechnical report demonstrates there is no significant impacts on groundwater. There is no significant impact on overland flows due to the open nature of the solar panel structures themselves and the minimum of site infrastructure and buildings required for the facility.
No flooding overlays apply, the facility is not located within an identified floodplain or mapped
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Newstead Solar Farm Application for planning permit wetland area. The proposal is in accordance with Clause 13.03-1 Floodplain management and the Solar Farm Guidelines.
6.12 CUMULATIVE IMPACTS There are currently no other solar energy facilities in the area that would result in a significant cumulative impact, either in terms of noise, visual impacts, electromagnetic impact, or cumulative impacts on agriculture in the area.
6.13 TRAFFIC IMPACT ASSESSMENT In relation to construction traffic, the project is expected to take approximately 9 months to complete with the following projected impacts:
• In relation to access routes, Captains Gully Road and the Pyrenees Highway will be used for all site access, including delivery of components and construction and maintenance traffic. • The proposed development is projected to generate up to 88 additional movements (four (4) one-way HV movements and 40 one-way LV movements) per day during peak construction activities (months 3-6). This traffic will be accommodated entirely along Captains Gully Road via the Pyrenees Highway. • Physically, some repair and maintenance during and post construction activities may be required for Captains Gully Road, and this may be provisioned under a Traffic Management Plan. • Permits may be required from Council/VicRoads for heavy vehicle use of certain roads. In relation to traffic generated on roads during the operation of the solar energy facility:
• The proposal is anticipated to have a negligible impact on the traffic of the local road network, which is typical of solar energy facilities in general. Weekly routine operations and maintenance is to be carried out by up to two people/four vehicle movements per week. • Larger maintenance operations such as replacement of major components will have no discernible impact on the external road network. This Traffic Impact Assessment provides an overview of the impacts of the site in accordance with the requirements of the Solar Farm Guidelines. Any further detail in relation to construction management requirements may be provisioned through a relevant Traffic Management Plan on any permit that may issue.
6.14 CAR PARKING The proposal will provide ample areas for on-site parking through the operation of the facility.
Detailed design has not yet been determined for car parking; however, it is expected that during operation of the facility, all staff vehicles will be accommodated on-site within a vehicle parking area located adjacent to the construction set-down area.
It is expected that staff will be present on the site regularly for maintenance and operational activities, as is typically the case with small utility scale solar facilities. The proposal therefore provides an acceptable amount of car parking in accordance with Clause 52.06.
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Newstead Solar Farm Application for planning permit
7 CONCLUSION The land is of low-agricultural significance and is not within an irrigation district. Native vegetation removal will be minimal and acceptable.
Bushfire risk will be managed to an acceptably low level in accordance with CFA guidelines.
The proposed facility will have minimal impact on the amenity of the surrounding area in terms of noise, glint, light spill, vibration, smell and electromagnetic interference. Significant views including visual corridors and sightlines will not be impacted by the proposed solar farm. Photomontages and the glare and glint analysis demonstrate the low impact of the facility from public and private vantage points. There will be negligible impact on aircraft safety.
The impact to local roads will be minimal due to the short construction period and limited construction workers on site, with ongoing impacts from operation of the facility being negligible.
It is respectfully submitted that the proposed solar energy facility is in accordance with the relevant conditions and warrants the issue of a planning permit subject to conditions.
It is also submitted that the proposal provides an appropriate level of parking spaces in accordance with Clause 52.06 and warrants the approval of the responsible authority.
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