Advisory Note | 47 July 2012 Amendments VC82 and VC91 Changes to wind energy facility provisions This Advisory Note provides information Ramsar wetlands as defined under about changes to the Victoria Planning section 17 of the Environment Provisions (VPP) and all planning Protection and Biodiversity schemes made by Amendments VC82 Conservation Act 1999. and VC91. 3. Locations that feature a high degree of amenity, environmental value, or are a What does Amendment VC91 significant tourist destination: do? Yarra Valley and Dandenong Changes introduced by Amendment VC91 Ranges and Mornington Peninsula, clarify that the application requirement, being all land in the Yarra Ranges to obtain written consent from dwelling and Mornington Peninsula Planning owners located within two kilometres of Schemes. a turbine, does not apply to a proposed Bellarine Peninsula, being all land in turbine in a residential, an industrial, a the Queenscliffe Planning Scheme, business or a special purpose zone. and that area in the Greater Geelong Planning Scheme east of the Surf Amendment VC82 Coast Highway and south of the Changes introduced by Amendment Princes Highway. VC82 prohibit a wind energy facility in the Macedon Ranges and McHarg following circumstances and locations: Ranges, being all land in the 1. A wind energy facility that includes a Macedon Ranges Planning Scheme; turbine located within two kilometres of all land west of the Hume Freeway an existing dwelling is prohibited except and the Goulburn Valley Highway in where the planning permit application the Mitchell Planning Scheme; and includes evidence of written consent all land within the area bounded by from the owner of the dwelling to the the McIvor Highway and the Calder location of the turbine. Highway and Calder Freeway in the Greater Bendigo and Mount 2. Areas with high conservation and Alexander Planning Schemes. landscape values: Bass Coast, being all land within five National, state and coastal parks kilometres of the coast in the Bass described in a schedule to the Coast Planning Scheme and South National Parks Act 1975. Gippsland Planning Scheme, west of Wilson’s Promontory. Great Ocean Road region, being land within Clause 52.32 was amended by: five kilometres of the high water mark of Specifying that a permit is required to use and the coast in the Colac Otway, Corangamite, develop land for a wind energy facility. Greater Geelong, Moyne, Surf Coast and Introducing a table to Clause 52.32-2 that Warrnambool Planning Schemes between specifies locations where the use and the Surf Coast Highway in the east and development of land for a wind energy facility Warrnambool in the west. is prohibited. The table provides for a local 4. Locations identified for future urban growth: schedule to Clause 52.32 to provide for Land in an Urban Growth Zone that applies planning schemes to specify locations where to metropolitan growth areas and some wind energy facilities are prohibited. regional growth areas like Armstrong Creek Introducing a requirement for evidence of in Geelong and Ballarat. written consent from the owner of an existing dwelling where a turbine is proposed to be Designated regional population growth located within two kilometres of the dwelling. corridors, being land within five kilometres of major regional cities and regional Consolidating application requirements in centres specified in the Regional Victoria Clause 52.32-4 that were previously included Settlement Framework Plan in the State both in Clause 52.32 and the Planning and Planning Policy Framework (Ararat, policy guidelines for development of wind Bairnsdale, Ballarat, Benalla, Bendigo, energy facilities in Victoria (March 2011). Colac, Echuca, Geelong, Hamilton, Adding a new Clause 52.32-6 that specifies Horsham, Mildura, Moe, Morwell, Portland, that a permit may be granted to use and Sale, Shepparton, Swan Hill, Traralgon, develop land for the purpose of wind Wangaratta, Warrnambool and Wodonga). measurement by an anemometer for a period The five kilometre exclusion area will be of more than three years. replaced with defined locations as growth Clause 37.07 Urban Growth Zone – Wind planning for each centre is completed. energy facility is included in section 3 in the use table, and is prohibited in the zone. Exceptions to the wind energy facility prohibitions Amendment VC82 included a number of exceptions to these prohibitions. The prohibitions and exceptions introduced by Amendment VC82 are summarised in the following table: Location/circumstance in which a wind Exceptions where the prohibition does not apply energy facility is normally prohibited National parks Where the wind energy facility is principally used to supply electricity to a facility used in conjunction with conservation, recreation, administration or accommodation use of the land Mornington Peninsula, Yarra Ranges, McHarg Where the wind energy facility is on land in an urban zone* Ranges, Bellarine Peninsula and is integrated as part of the development of the land Land within five kilometres of an urban Where the wind energy facility is on land in an urban zone* zone* in a regional settlement identified in and is integrated as part of the development of the land the schedule to Clause 52.32 in the planning scheme Land within five kilometres of the high water Where the wind energy facility is on land in an urban zone* mark of the Bass Coast/Great Ocean Road and is integrated as part of the development of the land coast Turbines located within two kilometres of an Where the owner of the dwelling consents to the turbine. existing dwelling Where the turbine is on land in an urban zone* (turbines in an urban zone are not subject to the consent requirement, even if they are located within 2km of a dwelling)** *An urban zone means a residential zone, an industrial zone, a business zone or a special purpose zone. **Amendment VC91 clarified the controls to ensure that the original policy intent was achieved, namely that the application requirement for written consent of all dwelling owners within 2km of a turbine does not apply to applications for turbines in an urban zone. Advisory Note 47 | Amendments VC82 and VC91: Changes to wind energy facility provisions 2 Turbines generating electricity for Policy and planning guidelines on-site use for development of wind energy Turbines that are principally used to supply facilities (July 2012) electricity for domestic or rural use of the land The guidelines have been updated to include are excluded from the definition of a wind energy the changes introduced by Amendments VC82 facility in the VPP. They therefore do not require and VC91. The guidelines are now a reference a permit under Clause 52.32 (although a permit document in the Victoria Planning Provisions and may be required for buildings and works under the planning schemes and address: zoning or overlay controls that apply to the land). what evidence is required to be provided to The wind energy facility provisions under Clause a responsible authority of the consent of an 52.32 also allow for turbines that are used owner of a dwelling for a turbine proposed primarily to generate electricity for other on-site to be located in a non-urban zone within two uses, including: kilometres of a dwelling a permit can be obtained under Clause 52.32 model permit conditions that should be for a wind energy facility in a national park, considered by responsible authorities when provided the wind energy facility generates issuing a planning permit for a wind energy electricity primarily to supply park facilities facility. a permit can be obtained under Clause 52.32 for a wind energy facility in “no go” locations What must be provided as evidence listed in a schedule to Clause 52.32-2, of written consent? provided they are located in a residential zone, The responsible authority must establish if an industrial zone, a business zone or special an application for a wind energy facility is purpose zone and are integrated as part of the discretionary under the planning scheme. Where development of the land. an application includes a turbine or turbines on a permit obtained under Clause 52.32 for a land in a non-urban zone within two kilometres wind energy facility in a residential zone, an of an existing dwelling, the responsible authority industrial zone, a business zone or special must be provided with evidence of written consent purpose zone does not require the consent of of the owner(s) of the dwelling or dwellings dwelling owners within two kms of a turbine. (unless an exception applies – see above). The application requirement in Clause 52.32-3 Can turbines generating electricity for on- requires a planning permit application to include: site use be connected to the grid? 1. A plan showing all dwellings within two A turbine generating electricity in the kilometres of a proposed turbine that forms circumstances outlined above may be connected part of the wind energy facility. to the grid. The critical question in the first two circumstances is whether the wind energy facility 2. Evidence of the written consent of the owner or turbine(s) generates an amount of electricity of any existing dwelling located within two that is generally proportional to the electricity kilometres of a proposed turbine that forms requirements of the main use of the land. If it part of the wind energy facility. does, it is likely that a permit application can be The above requirement does not apply to land in considered by the responsible authority under a residential zone, an industrial zone, a business one of the exceptions introduced by Amendment zone or special purpose zone. VC82. Evidence of written consent should include: a statement of consent that contains the name and address of the owner(s) of the dwelling the address of, and title particulars for, the land on which the dwelling is located Advisory Note 47 | Amendments VC82 and VC91: Changes to wind energy facility provisions 3 a statement that the owner consents to an the Act), the right to make an objection or the right application being made that includes a of review of any person considered to be affected turbine(s) located as shown on the attached by the grant of a permit.