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Part a Submission IN THE MATTER OF GREATER SHEPPARTON PERMIT APPLICATION NOS 2017-162, 2017-274, 2017-301 AND 2017-344 AT SHEPPARTON ADDRESS 610 Ferguson Road, Tatura East (2017-162) APPLICANT CleanGen RESPONSIBLE AUTHORITY The Minister for Planning LOCAL COUNCIL Greater Shepparton City Council OTHER SUBMITTERS ADDRESS 1090 Lemnos North Road, Congupna (2017-344) and 235 Victoria Road, Tallygaroopna (2017-274) APPLICANT X-Elio Australia Pty Ltd RESPONSIBLE AUTHORITY The Minister for Planning LOCAL COUNCIL Greater Shepparton City Council OTHER SUBMITTERS ADDRESS 1190 and 1220 Cosgrove Lemnos Road, 260 Tank Corner East Road, 875 Boundary Road and 85 Crooked Lane, Lemnos (2017-301) APPLICANT Neoen Australia Pty Ltd RESPONSIBLE AUTHORITY The Minister for Planning LOCAL COUNCIL Greater Shepparton City Council OTHER SUBMITTERS PART A SUBMISSION BY GREATER SHEPPARTON CITY COUNCIL Date of 7 May 2018 Solicitors 432 document: Code: 422 On behalf of: Greater Shepparton City DX: 03 9321 9857 Council Tel: [email protected] Prepared by: Holding Redlich Email: Joseph Monaghan Level 8, 555 Bourke Street Contact: JBM: 17040110 Melbourne Vic 3000 Ref: 1. INTRODUCTION (a) Pursuant to the Panel’s directions1 dated 12 April 2018, on behalf of Greater Shepparton City Council (Council), these submissions: (i) provide a chronology of events 1 [24] M:9731438_4 JBM Page 2 (ii) include background to the permit applications (iii) identify issues raised in submissions (iv) append a ‘without prejudice’ version of draft conditions. (b) These submissions provide a chronology of events across all four permit applications. (c) The submissions then address background issues and planning scheme provisions common to each application. (d) The submissions then address background issues and conditions unique to each application separately. 2. CHRONOLOGY OF EVENTS (a) In 2001, the Renewable Energy Target (RET) (known then as the Mandatory Renewable Energy Target) came into operation. The RET is an Australian Government scheme designed to encourage the additional generation of electricity from sustainable and renewable sources by allowing large and small scale power stations to earn certificates for every megawatt hour of power they generate. These certificates can then be sold to electricity regulators, creating a renewable energy market. (b) In 2006, the Council released the ‘Greater Shepparton 2030 Strategy Plan’. Council anticipated new industries emerging in the face of technological developments. (c) In 2009, the RET was increased to 41,000GWh (20% of Australia’s electricity generation). (d) In 2010, Council published its Large-Scale Solar Power Plant Investor Prospectus (Prospectus), which identifies that Council strongly supports the location of a large scale solar power plan in Shepparton. The Prospectus identifies that research has determined that Shepparton is an ideal site for a large-scale solar power plant, having regard to locational advantages such as the positioning on the Victorian Gas and Electricity Transmission Network with a 220 kV transmission line, annual average solar exposure between 14 and 20 MJ per square metre, considerable transmission savings of around 10% due to Shepparton’s close proximity to Melbourne and certainty of supply during times of high demand. (e) In June 2015, the RET was decreased to 33,000GWh in 2020. (f) On 5 June 2017 application for planning permit 2017-162 (Clean Gen) was lodged. The planning application form describes the proposal as ‘construction of a solar farm up to 45MW (AC) and associated infrastructure using solar PV and trackers connecting to either Mooroopna substation or a local one to be constructed’. (g) On 15 September 2017 application for planning permit 2017-274 (X-Elio) was lodged. The planning application describes the proposal as ‘use and development of land for a renewable energy facility (solar farm), installation of a business identification sign and removal of native vegetation’. (h) On 13 October 2017 application for planning permit 2017-301 (Neoen) was lodged. The planning application form describes the proposal as ‘use of land for a renewable energy facility (solar farm) buildings and works and native vegetation removal’. (i) On 19 October 2017, officers requested additional information in relation to the application for planning permit by Neoen Australia Pty Ltd. The request was in relation to aboriginal M:9731438_4 JBM Page 3 cultural heritage matters. On 22 December 2017 officers received a satisfactory response to the request for information. (j) On 1 November 2017, the Climate Change Act 2017 (Vic) commenced operation. The Act seeks to manage climate change risks, maximise the opportunities that arise from decisive action, and drive Victoria’s transition to a net zero emissions climate resilient community and economy. The Act provides a clear policy framework and a pathway to 2050 to keep global temperature rise below 2 degrees Celsius above pre-industrial levels. It provides a platform for subsequent action by government, community and business. (k) On 3 November 2017 application for planning permit 2017-344 (X-Elio) was lodged. The planning application describes the proposal as ‘use and development for land for a renewable energy facility (solar farm), installation of a business identification sign and removal of native vegetation’. (a) At the 21 November 2017 Ordinary Council Meeting Council resolved the following: That the Council direct the Chief Executive Officer to write to the Minister of Planning: 1. requesting under section 97C of the Planning and Environment Act 1987 that the Minister for Planning decide the solar farm planning applications referred to the Minister in the Greater Shepparton City Council local government area 2. inviting the Minister for Planning to establish a process that provides a fair and proper opportunity for all affected stakeholders to be heard. (b) By letter dated 22 November 2017 Greater Shepparton City Council wrote to the Minister for Planning. (c) On 22 January 2018, an endorsed Cultural Heritage Management Plan (CHMP) was provided to Council officers for the application for 1090 Lemnos North Road, Congupna (2017-344). (d) The following officer reports were prepared in response to the aforementioned planning permit applications: (i) Draft officer report for 2017-162 (ii) Draft officer report for 2017-274 (iii) Draft officer report for 2017-301 (iv) Draft officer report for 2017-344 (e) On 13 February 2018 the Minister for Planning gave notice that he agreed to the Council’s request under section 97C of the Planning and Environment Act 1987 (Vic) (P&E Act) that the Minister for Planning decide the solar farm planning applications recently referred by Council to the Minister in the Greater Shepparton City Council local government area. (f) On 20 February 2018, Council resolved to pass a resolution as to the position it would adopt at this Panel hearing in respect of each of the four permit applications. This resolution was preceded by four recommendations for approval to the applications for solar farm permits being included in the agenda for the 20 February 2018 Ordinary Council Meeting. After the agenda was uploaded, the Minister for Planning advised that he had become the decision maker, therefore Council resolved an alternate recommendation for all 4 applications: M:9731438_4 JBM Page 4 1. Note that by letter dated 13 February 2018 the Minister for Planning gave notice that the Minister: a) has agreed to the Council’s request under section 97C of the Planning and Environment Act 1987 that the Minister for Planning decide the following solar farm planning permit applications: 2017-162; 2017-274; 2017-301; 2017-344; b) intends to establish a combined Panel to consider those planning permit applications. 2. Note that as a result the Council is no longer the decision maker for the planning permit applications that were referred to the Minister and the Council must not proceed further with the applications. 3. Through its representatives, appear and make submissions at the hearing(s) by a combined Panel appointed by the Minister for Planning for planning permit application[s] [2017-162; 2017-274; 2017-301; and 2017-344] and make available Council Planning Officer’s reports. 4. Note the complexities of planning permit application[s] [2017-162; 2017-274; 2017-301; and 2017-344] and that there are community concerns in relation to that application. 5. Write to the Panel and request that the hearing(s) be held in Shepparton 6. Authorise the Chief Executive Officer (who may in turn delegate these authorisations to any of his or her delegates) to: a) take whatever steps as they see fit so as to implement this resolution, including but not limited to engaging legal representatives and appointing expert witnesses; b) comply with any directions of the Minister for Planning given to the Council as the referring responsible authority; and c) instruct the Council’s legal representatives regardless of Council’s position to provide the following draft conditions to the Panel:… (g) The Council resolution went on to list a number of permit conditions for each Planning Permit Application. We refer you to the relevant Panel Books and their opening pages for this information. (h) On 16 March 2018, Planning Panels Victoria gave notice to submitters that a panel had been appointed to make recommendations to the Minister for Planning in relation to the permit applications 3. COMMON BACKGROUND TO THE APPLICATIONS (a) Renewable Energy Context (i) The Preamble to the Climate Change Act 2017 (Vic) provides: The Parliament of Victoria recognises on behalf of the people of Victoria that the international community has reached agreement to hold the global average temperature increase to well below 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit the temperature increase to 1·5 degrees Celsius above pre- M:9731438_4 JBM Page 5 industrial levels. There is overwhelming scientific consensus that human activity is causing climate change and that global emissions will need to decline to net zero levels by the second half of the century if this global goal is to be met.
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