Berri· Barmera COUNCIL

Building a Better Community

MS:ms ADVICE - DEV, 1190726-1778

30 July 2019

State Planning Commission PO Box 1533 ADELAIDE SA 5001

Dear Sir/Madam,

Response to State Planning Commission discussion paper on proposed changes to Renewable Energy Policy in the Planning and Design Code -July 2019

Thank you for the opportunity to respond to the Discussion Paper. In providing the following response, may we express appreciation that the State Planning Commission acknowledges the need to develop new renewable energy policies for inclusion in the Planning and Design Code. The response provided summarises key points of agreement and otherwise areas of concern, identified through reviewing the Discussion Paper. Regular reference is made in the response to a Discussion Paper prepared in February 2018 by Berri Barmera Council Manager Environmental Services / Major Projects Myles Somers with considerable support from colleagues as identified in the Paper (a copy has been forwarded as attachment to this response).

KEY CONSIDERATIONS AND TRENDS FOR RENEWABLE ENERGY IN SA

• Agree with all points and applaud the identification of need to address end of life decommissioning and site remediation, in particular for wind farms but also for solar farms.

OPPORTUNITIES IN THE PLANNING AND DESIGN CODE

• Agree with points made and acknowledgement of relevant policy activity undertaken recently by interstate authorities.

RENEWABLE ENERGY-WIND ENERGY

• Further consideration should be given to the allocation of assessment authority for large scale renewable energy development applications involving wind energy. The experience for some regional Councils and their communities has been very divisive and a burden on limited Council resources. Consideration should be made for a Council Assessment Manager to be able to request State Commission Assessment Panel as the assessment authority in defined circumstances, such as resource impacts and technical capacity to act as assessment authority.

19 Wilson Street, Berri SA 5343; Postal Address: PO Box 229, Berri SA 5343; Telephone: (08) 8582 1922 - Facsimile: (08) 8582 3029 Email: bbc@bbc.sa.gov.au Website: www.berribarmera.sa.gov.au Facebook: www.facebook.com/bbcouncil

RENEWABLE ENERGY-SOLAR FARMS, HYDRO AND STORAGE

• Very concerned about statement on page 12 "Where policy guidance is lacking, approval conditions can be provided. This can lead to issues of consistency, certainty and transparency. As certain types of energy renewal generation become more commonplace, it will be appropriate to standardise policy."- If this statement is to infer that policy will be developed through the crafting of approval conditions, then fundamentally we think such an approach is misguided. In particular for solar farms of 5 MW or less generation capacity, the existing lack of policy creates significant uncertainty and risk in assessing applications in areas of agricultural or horticultural importance, as referenced in the Solar Farm Discussion Paper provided in February 2018. In general those of us working at the coal face assessing developments or considering such at Assessment Panel are acutely aware of the dangers of using development application approval conditions to overcome policy gaps.

Where the opportunity exists it is always best to develop sound and comprehensive policy rather than face the dilemmas of policy inadequacy at development assessment.

PROPOSAL FOR THE NEW CODE

• A fundamental concern with the discussion paper is use of Clean Energy Council definition of 'large scale' solar farms being over 5 MW. This and the Office of Technical Regulator threshold are primarily used for grid connection purposes and electricity network system reliability / stability. The threshold is not established for land use policy purposes and although we understand it is a somewhat convenient criteria, it is problematic to simply apply for land use policy purposes. In terms of area occupied by solar farm infrastructure every MW generation capacity of a Solar Farm will occupy approximately 1.4 Ha of land. Thus Council's assessing solar farms of up to 4.95 MW will be considering developments occupying on average up to 7 Ha. Hence in areas such as Lower South east, Riverland, Adelaide Hills and Fleurieu Peninsula such spaces taken up with a generation facility need robust land use policy to guide decision making and orderly and appropriate development.

• Significant concerns regarding the comment on page 14 which states: "there is some interest in the development of small-scale solar facilities to support rural operations, for example to create energy for irrigation. These are of a much smaller scale, and where appropriately sited could be made exempt from approval, similar to solar cells on roof tops." The key issue here is definition of small scale. Taking the point made above regarding 1 MW solar farm takes up 1.4 Ha of land and the somewhat contentious use of Clean Energy Council threshold for large scale solar farm, it is unreasonable to compare 'small scale' ground mounted solar farms to roof top solar panels, without first defining 'small scale'. In the Solar Farm Discussion Paper February 2018 reference is made to NSW SEPP which uses both generation capacity and land area in scaled definition of solar farms from small to large. The NSW Policy then applies an appropriate assessment pathway taking into account other matters such as location, siting and impacts. We strongly advise the State Planning Commission to adopt a similar scaled and capacity / area defined criteria for Solar Farms in regard land use policy.

• We recommend the Planning and Design Code or accompanying Developer / Practitioner Guides, include a checklist for applicants and assessment officers. On such list would be relevant information for inclusion in a solar farm development application including: glare assessment (for impact upon aircraft, nearby households and drivers of vehicles on adjacent public roads; pest animal and weed control; Construction Environmental Management Plan; ongoing environmental and property management plan; stormwater management assessment and control; aboriginal cultural heritage impacts; flora/ fauna impacts etc.

The NSW Guideline for Large Scale solar energy development provides a good reference for the State Planning Commission in considering similar documentation to support policy inclusion in the Planning and Design Code and developer / practitioner guidelines see https://www.planning.nsw.gov.au/­/media/Files/DPE/Guidelines/large-scale-solar-energy-guideline-2018-12-11.pdf?la=en

CONCLUSION

Whilst applauding the State Planning Commission for acknowledging the need for policy reform in response to rapidly changing renewable energy developments, we have a number of fundamental concerns which we will pursue as draft policy is further developed. In particular, as expressed in the Solar Farm Discussion Paper forwarded in February 2018, the practical consideration of solar farms under 5 MW in rural areas is not satisfactorily addressed in the State Planning Commission Discussion Paper. There is strong recognition of the need to support renewable energy for both environmental and economic purposes. However, even on scale below 5 MW significant loss of productive land, amenity and landscape character could result from cumulative effects in the absence of robust land use policy. Such outcomes would greatly be acerbated should any policy result in exemptions as alluded to in the State Planning Commission Discussion Paper for 'small scale' solar farms. Much greater effort is required to define scale according to generation capacity and land use area and align such with appropriate policy and assessment pathways. We cannot afford to have a poorer policy environment than currently exists, but concerns are present that in combination with greater state wide policy harmonisation certain areas of the State will be worse off unless substantial effort is made to develop robust, comprehensive and 'coal face' tested policy.

Myles Somers Manager Environmental Services / Major Projects Registered Planner PIA Accredited Professional DPTI

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DISCUSSION PAPER

SOLAR FARM LAND USE PLANNING POLICY AND APPROVALS

PROCESSES IN SOUTH AUSTRALIA

Prepared by Myles Somers

Manager Environmental Services / Major Projects Berri Barmera Council Assessment Manager

Riverland Regional Assessment Panel RPIA February 2018

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CONTENTS

Purpose of Discussion Paper 3

Introduction 3

South Australian Policy Provision 4-8

National Experience 9-21

International Experience 22-24

Solar Farm Land Use Policy-where to from here 24

Appendix One Victorian Planning Provision 25

The assistance and support of colleagues Cheryle Pedler (Berri Barmera Council) , David Altmann

(Planning Consultant), Stuart Heseltine (Landscape Architect) and Geoff Parsons (Rural City of Murray

Bridge) is acknowledged in reviewing the draft Discussion Paper and providing sound guidance and

highly valued input.

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PURPOSE OF DISCUSSION PAPER

The Discussion Paper seeks to describe current land use planning policy and development approval

processes in South Australia related to solar farm developments, identify gaps and recommend

potential improvements. The Paper focusses primarily on solar farms having dispatch generation

capacity to the National electricity grid under 5 Mega Watts (MW). The distinction in generation capacity

relates to provisions which require electricity generation developments dispatching 5 MW or more

energy to be determined by the State Commission Assessment Panel (SCAP) as the relevant authority

(Schedule 10 Development Regulations 2008). Within a SCAP assessment environment such

development applications are uniquely dealt with recognising their importance as dispatch generators

into the National Electricity Grid. In such circumstances there are specific rules for managing

applications that differ to those applications managed by Council or Regional authorities. Importantly,

SCAP assessed development applications under Sections 49 or 49A of the Development Act 1993

have nil right of appeal by either applicant or third parties.

Hence, the discussion paper looks at small scale solar farm development applications focussing on

ground mounted panels occupying land primarily in non urban environments, assessed by local

government Planners and determined by Council or Regional Assessment Panels.

The Paper has the express purpose of stimulating discussion and paving the way towards addressing

policy gaps in order to create an enabling and flexible policy environment for small scale solar farm

developments throughout South Australia. The Paper also seeks to acknowledge the potential impacts

from solar farm developments and to ensure assessment and consideration of proposed developments

involves specific assessment of potential impacts in a comprehensive, fair, transparent and consistent

fashion.

Furthermore, the Discussion Paper aims to indicate a clear strategy towards improving approval

processes and amending policy, the latter intended to be included in the new Planning and Design

Code being drafted over 2018 -2019.

The Paper is a high level summary of issues and opportunities only, having been resourced on a

voluntary basis by the contributors. Whilst it includes several references and relevant links to additional

information, the Paper should be viewed only as an initial high level desktop review of current related

policy environments in South Australia, other States and Territories and select international

jurisdictions.

INTRODUCTION

Countries throughout the world are embracing renewable energy opportunities to address critically

important environmental and economic challenges faced by modern societies. In Australia, State and

Federal Governments have grappled with energy policy in an effort to deliver actions to combat climate

change, whilst also attempting to maintain the affordability of power for business and domestic

consumers. In South Australia the State Government has supported strong development of renewable

energy over the past decade, particularly in the area of wind farms. More recently solar farms and

battery storage have become the focus of new renewable energy developments given abundance of

areas within the state providing the right mix of inputs for successful projects including, affordable and

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developable land, grid proximity and capacity, high solar performance and reduction of capital costs for

both solar panels and batteries.

The next wave of renewable energy developments is likely to include significant numbers of smaller

scale solar farms established by businesses for their own consumption needs, whilst in a similar fashion

to many existing domestic installations, dispatching surplus energy into the grid. The introduction of

affordable and reliable battery technology in the very near future is predicted to stimulate a large uptake

in on site solar energy generation with the goal of long term stability, reliability and commercial

independence from both the grid and the energy market. Many businesses with large power needs and

access to land are waiting on the right economic conditions to achieve good return on investment

before installing solar panels and batteries. If not already here, these preferable investment conditions

are likely to appear in the period 2018 to 2020.

In order to support this wave of developments and the current rising demand for ground based solar

farms under 5 MW generation capacities, specific land use planning policy is required.

SOUTH AUSTRALIAN POLICY PROVISION

Currently, there is a significant gap in policy in South Australia for solar farms under 5 MW. Existing

State –wide renewable energy policy provisions are primarily designed to support large scale wind

farms. These provisions are not only inappropriate for considering small scale solar farms; they are

problematic for Council Planners in that they support renewable energy developments in a blanket

fashion over a significant portion of the State. This creates a process dilemma for assessment and

authorisation due to existing policy on the one hand envisaging and supporting renewable energy

generation, whilst on the other hand arguably not having envisaged a form of renewable energy such

as small scale solar ground mounted installations and potential planning issues.

The discussion paper identifies a planning policy gap which if not addressed in the near future will likely

result in a number of poor outcomes including:

Poor planning outcomes such as viewshed impacts, interface conflicts and loss of productive

land to energy generation

Delays in approvals

Costly appeals

Disgruntled applicants, representors and third parties

Loss of economic opportunity for local investment in renewable energy

Renewable energy sector investments focus on jurisdictions with greater policy certainty (as

has been case with Wind Farms in past decade).

Continued reliance on grid and non-renewable energy solutions

To illustrate the practical difficulties associated with Council based solar farm development applications

the following recent case is presented as administered by Berri Barmera Council and approved by the

Riverland Regional Assessment Panel (RRAP).

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The example involves a Solar Farm development proposed in Primary Production zone and

Horticulture Policy area of Berri Barmera Council. The application was considered by the RRAP in

September 2017. The Officer’s report states that the assessment was progressed on basis the

Development Plan was silent on balance being neither a complying or non complying development,

and hence considered on merit against the provisions of the Development Plan. According to

Schedule 9 of the Development Regulations the application was treated as a Category Two form of

development.

The development included permanent advertising of the Solar Farm developer’s business on a

control building. The siting of the building was adjacent a road to maximise exposure. Hence,

significant reference was made to advertising policy in the Development Plan. However, it is

suggested the Development Plan had not considered use of such buildings for prominent permanent

advertising in rural settings and for businesses not necessarily related to the intended use of the

primary production land.

The provisions for renewable energy facilities which are effectively State policy were obviously met

by the proposal. Much of the principles of development control for Design and Appearance;

Interface between Land Uses; Landscaping, Fences and Walls; Orderly and Sustainable Development;

Siting and Visibility; and Transport and Access were met through a development that included set

backs, screening vegetation and a location which was of pleasant but not exceptional amenity.

However, the proposal and policy friction emerges when a solar farm in such a setting is assessed

against provisions of Primary Production Zone and Horticulture Policy area. Certainly ground

mounted or roof mounted solar panels are envisaged in the Primary Production Zone, however there

is no level of guidance in terms of acceptable size and scale.

The following principle was not met:

Principle of Development Control 6

Buildings, other than where required to facilitate wind farms and ancillary development, should primarily

be limited to farm buildings, a detached dwelling associated with primary production or a tourist related

use on the allotment and residential outbuildings that are:

(a) grouped together on the allotment and setback from allotment boundaries to minimise the visual

impact of buildings on the landscape as viewed from public roads

(b) screened from public roads and adjacent land by existing vegetation or landscaped buffers.

The principle, which deals with desired character of the Primary production zone whilst met, was

difficult to assess given the general / council wide policy for renewable energy facilities which,

although written primarily with wind farms in mind, exist as reference to all types of renewable

energy. An extract from the Officers report is reproduced below to illustrate this:

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“Principle of Development Control 11

Development should not be undertaken unless it is consistent with the desired character for the zone.

Desired Character (in part)

…..It is intended that the dominant rural character of the zone be maintained by the retention of

farming and horticultural activities and significant tracts of bushland. It is important for non-agricultural

development to recognise and appreciate that the zone is designed for agriculture first and foremost,

and that non-agricultural development is required to accommodate itself to the potential effects of such

development (e.g. dust, spray drift, noise, as well as use of machinery and equipment at different

times of the day, night and year).

Wind farms and ancillary development such as substations, maintenance sheds, access roads and

connecting power-lines (including to the National Electricity Grid) are envisaged within the zone and

constitute a component of the zone's desired character. These facilities will need to be located in

areas where they can take advantage of the natural resource upon which they rely and, as a

consequence, components (particularly turbines) may need to be:

located in visually prominent locations such as ridgelines;

visible from scenic routes and valuable scenic and environmental areas; and

located closer to roads than envisaged by generic setback policy.

This, coupled with the large scale of these facilities (in terms of both height and spread of

components), renders it difficult to mitigate the visual impacts of wind farms to the degree expected of

other types of development. Subject to implementation of management techniques set out by general /

council wide policy regarding renewable energy facilities, these visual impacts are to be accepted in

pursuit of benefits derived from increased generation of renewable energy……

Whilst ground mounted solar panels and solar farms are not specifically mentioned in the Desired

Character, it is clear that the proposal will not conflict with the zone’s primary objective of being for

primary production. The development is unlikely to be impacted by spray drift or dust – indeed the

buffer plantings will assist in ensuring that sprays and dust are filtered. There is also sufficient space

on the land for later primary production development, should the owners wish to pursue this.

It is clear though, that renewable energy facilities are envisaged in the zone. There is specific mention

of wind farms, which would have far greater visual impact that the development proposed. The

Desired Character also considers that visual impacts are acceptable when there are benefits to be

gained from the generation of renewable energy, which has a good far greater than the negative

impact to visual amenity.

Therefore, I believe that the development is consistent with the desired character, and Principle of

Development Control 11 is met.”

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Moving to assessment against Horticulture Policy provisions the proposed Solar Farm whilst solar

panels (roof or ground mounted) were envisaged in the Policy area they were considered not

consistent with the Desired Character which envisages horticulture including vineyards and

orchards and rural bushland character.

One representation was received against the proposal expressing concern regarding visual impacts,

glare and landscaping issues.

The Council Officer expresses the following view in the report summary:

“It is clear that there is a lack of specific policy in the zone and policy area to guide developments of the nature proposed. Given current economic circumstances it is highly likely that Council will continue to receive proposals for developments of this nature across this Council area, and the Riverland generally. This is an example of where there is a gap between policy and the current development environment. Indeed, Council’s Strategic Plan identifies renewable energy developments as important to the area, and to the Riverland and State.”

“ The Development Plan clearly envisages primary production, specifically horticulture, being

undertaken on the land. The character of the locality is of a predominantly rural nature, consistent with

the desired character for the zone and Policy Area. However, ground mounted solar panels are

specifically envisaged in the zone. In this manner, the desired character and envisaged uses are at

odds. The failure of the application to meet the primary objective of the desired character of the Policy

Area – in that the proposal is not for horticultural purposes - is however, not fatal to the application. It

is clear that these types of development are considered appropriate, and the location of the

development is unlikely to impinge upon the primary production occurring in the locality.”

“In consideration of the second matter, it is unlikely that the proposed development will impinge upon the amenity of the area, despite the intended character of the area being for primary production purposes. As discussed earlier, the amenity of the area is not considered pristine, and the natural landscape has already been considerably altered. If the applicant employs the tactics of landscaping, setbacks and fencing to the development as proposed, then the development is likely to have minimal impact. I also believe that the proposed development, once established, is unlikely to have a negative impact in terms of dust, noise and glare, to the established rural living allotments in the vicinity of the proposed development.

Finally, the compatibility between the proposed development and the guiding principles of the Development Plan are in general terms well met, in that the proposed development will not prevent the zone from being used for its intended purpose, now and into the future, and indeed is consistent with the envisaged uses for land within the zone. “

Cheryle Pedler Senior Planning Officer Berri Barmera Council

Riverland Regional Development Assessment Panel Sept 2017

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From the example presented we see in this particular scenario that policy gaps are not necessarily a

critical obstacle to processing an application in Primary Production Zone / Horticulture Policy Area. The

application was processed subject to a Category Two notification and referral to RDAP. However, the

policy gaps and inconsistencies do limit the ease of processing applications, introduce risk of more

prevailing arguments in areas of higher amenity and in many instances could result in costly and

lengthy appeals given similar applications in other more problematic locations.

The RDAP Officers report illustrates that a general ‘tidy up’ of policy would support a more definitive

and simpler assessment and approval process. Key to this would be amending policy so it relates

specifically to small scale solar farms in Primary Production / Horticulture and Rural zones in particular.

The cited example illustrated difficulties not just for the Council Planner but, also for the developer who

questioned information being requested by Council, the provisions for landscaping and the ‘rules’

around his intentions to advertise his business permanently on the side of a control building. Without

definitive guidance Council could only insist these matters were pertinent to the proposal by referring to

provisions of the Development Plan, which as stated are somewhat inadequate in respect specifically to

small scale solar farm developments.

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NATIONAL EXPERIENCE

South Australia is not alone in terms of land use policy not keeping pace with either commercial

developments or other related energy policy developed in areas of government such as Climate

Change and Economic Development. Each State is experiencing the solar industry boom and it is

apparent each State is recognising the need to address planning policy to support efficient delivery of

desirable developments.

Victoria

Victorian Statewide planning provisions include Clause 53.42 written specifically for proposed

renewable energy facilities other than wind energy. The document provides good guidance for

developers listing the information and documents required to be included when submitting a

development application. The Clause also provides guidance to Council Planning Officers in regard

matters to be considered for assessment. The document is reproduced as Appendix One given its

perceived value in addressing policy gaps in SA.

http://planningschemes.dpcd.vic.gov.au/schemes/vpps

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The use of the planning provisions for a recent Solar Farm development are illustrated in the Planning

Permit report tabled at the Ordinary Meeting of Gannawarra Shire Council on 24th October 2017

An extract below from the report identifies the key policy provisions.

“The subject land is situated within a Farming Zone (FZ) under the Gannawarra Planning Scheme. The

use of land for a Renewable Energy Facility can be considered within this zone pursuant to Clause

35.07-1 and must meet the requirements of Clause 52.42. The development of land for this use also

triggers a planning permit pursuant to Clause 35.07.4. Some of the purposes of the FZ are “to provide

for the use of land for agriculture”, “to ensure than non-agricultural uses, including dwellings, do not

adversely affect the use of land for agriculture’ and ‘to encourage the retention of employment and

population to support rural communities”.

The State Planning Policy Framework (SPPF)

Clause 11.13-2 A diversified economy – The objective is “to realise opportunities to strengthen and

diversify the economy”. In addition, one of the strategies is to “support emerging and potential growth

sectors such as nature-based tourism, mining and renewable energy generation and protect these

activities from urban encroachment”.

Clause 15.02-1 Energy and resource efficiency – The objective is “to encourage land use and

development that is consistent with the efficient use of energy and the minimisation of greenhouse gas

emissions”. One of the strategies is to “improve efficiency in energy use through greater use of

renewable energy”.

Clause 19.01-1 Provision of renewable energy – The objective is “to promote the provision of renewable

energy in a manner that ensures appropriate siting and design considerations are met”. One of the

strategies is to “facilitate renewable energy developments in appropriate locations”.

The proposal is considered to be consistent with both state and regional planning policy.

Local Planning Policy Framework (LPPF)

Clause 21.10-1 Renewable energy – Objective 1 is “to increase energy supplies from renewable

sources, particularly from solar generation of electricity, and reduce dependence on fossil fuels”. One of

the strategies is to “promote and encourage the establishment of a solar electricity generation industry

in the municipality, including electricity generation on ‘solar farms’, the manufacture of components and

research into solar applications”.

The proposal is again consistent with local planning policy.

Particular Provisions

Clause 52.42 Renewable Energy Facility – The purpose is “to facilitate the establishment and

expansion of renewable energy facilities, in appropriate locations, with minimal impact on the amenity of

the area”

http://www.gannawarra.vic.gov.au/files/assets/public/document-resources/agenda-and-

minues/2017/october-2017-ordinary-council-meeting-agenda.pdf

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Queensland

To support the State’s goal of delivering 50% of the energy needs through renewable energy by 2030

Queensland Government will improve large-scale project facilitation, planning and network connections

Most renewable projects will need to connect to a transmission or distribution network. Under a 50 per

cent renewable energy target, there will be an increasing workload for Queensland’s network

businesses to deliver network connection services.

The Queensland Government will work with Powerlink and Energy Queensland to ensure efficient and

timely network connections.

Timely provision of information to project proponents and entities assessing project proposals will be

critical to facilitating the rapid expansion of Queensland’s renewable energy industry. To meet this

need, the Queensland Government will establish a centralised web portal to provide an integrated

information service for renewable energy project proponents.

The Queensland Government will also work with stakeholders to develop best practice guidance

material on project planning and development. This guidance material will help the renewable energy

industry; local governments and landholders have a common understanding of best practice, and

ensure that strategic land use considerations are factored into the planning process.

https://www.dews.qld.gov.au/__data/assets/pdf_file/0008/1253825/powering-queensland-plan.pdf

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Western Australia

Western Australian State Planning Policy recognises the emerging trend towards greater generation of

energy from non fossil fuel options. Solar sourced energy accounts for 14% of the State’s energy mix

and is rapidly increasing. The State Planning Strategy 2050 includes the following objective:

To enable secure, reliable, competitive and clean energy that meets the State’s growing demand

“Effective and flexible planning, policy and regulatory frameworks provide an enabling environment for

investment and the uptake of new technologies. Existing and emerging industries are encouraged to

locate in appropriate regional areas to encourage economic diversification”.

https://www.planning.wa.gov.au/dop_pub_pdf/State_Planning_Strategy_2050.pdf

Included in the Strategy’s aspirational targets is that “ the provision and ongoing operation of energy

continues to be considered in planning policy, structure planning, development assessments and

enforcement activities within the planning system.”

At a Regional level most Planning Frameworks recognise the opportunities associated with solar

energy generation but also acknowledge policy gaps and associated constraints. The Kimberly

Regional Planning and Infrastructure Framework states: “there are significant opportunities for the

development of a renewable energy sector. In particular, the region’s substantial solar energy

resources could be harnessed but current policy and contractual issues are preventing this from being

resolved.”

https://www.planning.wa.gov.au/dop_pub_pdf/Kimberley_Regional_Planning_and_Infrastructure_Fram

ework_Part_B.pdf

Whilst the need for appropriate enabling policy for solar generation is clearly identified at a State and

Regional level, there is evidence it has not yet filtered down to Local Planning Policy. Reviewing

several relatively recent Development Applications for Solar Farms there appears a recurring reference

to Solar Farms either, not being envisaged within in Local Area Planning Schemes or, whilst envisaged,

essentially treated on a one size fits all basis through a single reference and definition of ‘renewable

energy facilities’. This in turn limits the ability of an authority when assessing a smaller scale ground

mounted solar farm development in a higher value rural environment.

In 2016, a 45 MW Solar Farm was approved by the Mid West / Wheatbelt Joint DAP. In terms of

planning policy and legislation such developments require a local authority to determine whether to

proceed with assessing an application given “within the ‘Rural’ zone, the use ‘Renewable Energy

Facility’ is a use that is not permitted unless the local government has exercised its discretion by

granting development approval after giving notice in accordance with clause 64 of the deemed

provisions.” Council consequently deemed the proposed development was not considered inconsistent

with the Rural zoning policy.

A subsequent Public Notification process resulted in two representations, one in support and one

indifferent to the proposed development. In this case the development was on land which had

previously been subject to a successful application for a wind farm development, which had not

proceeded.

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Hence, in this example one can readily understand how a recommendation for approval was supported

in the absence of reasonable grounds for objection by neighbours and relevant third parties. However,

even with a good outcome one is left with the impression that the Local Planning Scheme requires

better enabling policy and greater flexibility for a range of potential renewable energy developments in

rural settings, rather than a somewhat convoluted process.

https://www.planning.wa.gov.au/daps/data/regional%20daps/mid-

west%20wheatbelt%20jdap/Meeting%20agendas%20and%20papers/20160718%20-%20Agenda%20-

%20No%208%20-%20City%20of%20Greater%20Geraldton.pdf

In another example a 100 MW Solar Farm development was also approved by the Mid West /

Wheatbelt JDAP in November 2016. The relevant local policy reference was the Shire of Cunderdin

Local Planning Scheme No. 3 (LPS3) and the zoning General Agriculture. Within this zone the

proposed development was not listed or defined in the Scheme. Hence, an initial determination was

required whether to proceed with the application or not. This was managed at the Local Authority level.

A subsequent Public Notification process generated 4 submissions, 3 of which strongly objected to the

proposed development. Common themes of objection included loss of productive land (cropping and

grazing), visual amenity impacts and creation of an industrial development in a rural setting. The Mid

West / Wheatbelt JDAP resolved to approve the development in November 2016.

https://www.planning.wa.gov.au/daps/data/regional%20daps/mid-

west%20wheatbelt%20jdap/Meeting%20agendas%20and%20papers/20161128%20-%20Agenda%20-

%20No%2013%20-%20Shire%20of%20Cunderdin.pdf

In a further example the Shire of Serpentine Jarrahdale considered a development application for a 30

MW Solar Farm in September 2016. The Officer’s report discusses policy relevance and acknowledges

that the zoning policy does not list solar farm developments. The Shire’s Rural Strategy 1994 was

written at a time when such developments largely did not exist in the Australian landscape and the

Strategy’s 2013 draft replacement, which was yet to be approved by the WA Planning Commission,

also did not directly acknowledge or reference Solar Farms. Reference is made to promoting

‘alternative agricultural uses’ in the 2013 draft Policy; however one would argue it remains unclear as to

whether such terminology can clearly be interpreted as written with Solar Farms developments in mind.

https://www.planning.wa.gov.au/daps/data/metropolitan%20daps/metro%20east%20jdap/meeting%20a

gendas%20and%20papers/[s]e348baa2%5C20161010%20-%20Agenda%20-%20No%2096%20-

%20Shire%20of%20Serpentine%20Jarrahdale000101-000113.pdf

Illustrated by this and the other WA examples is policy not being able to keep pace with new trending

significant technology and on ground developments.

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Tasmania

In Tasmania draft State Planning Policies do not include a reference to renewable energy facilities

within the overarching Energy related objectives. Whilst not necessarily required for reference from a

development assessment perspective, the Policies are intended to articulate how State interests should

be considered in land use planning across the State.

At a Regional Strategy level the Northern Tasmanian area has a strong history of renewable energy

development in particular from wind and tidal generation sources. The Regional Land Use Strategy of

Northern Tasmania strongly advocates for enabling planning policy for renewable energy but primarily

from wind, tidal, geothermal sources. Solar installations appear to receive fewer acknowledgements as

emerging and important renewable energy options.

http://www.planning.tas.gov.au/__data/assets/pdf_file/0003/332985/Northern_Tasmania_Regional_Lan

d_Use_Strategy_-_Revised_-_Effective_06_Jan_2016.pdf

The Southern Tasmania Regional Land Use Strategy is extremely scant in reference to renewable

energy.

http://www.planning.tas.gov.au/__data/assets/pdf_file/0004/332986/DOC_16_95635_Southern_Tasma

nia_Regional_Land_Use_Strategy_2013,_final_version_as_amended_14_September_2016_-

_reduced.pdf

It is acknowledged that the Tasmanian Planning system is currently undergoing significant reform and

that a watching brief on policy development in respect to solar energy generation is recommended.

New South Wales

Large-scale renewable energy proposals

Under State Environmental Planning Policy (State and Regional Development) 2011, electricity

generating works including renewable energy proposals such as wind farms with a capital cost of more

than $30 million (or $10 million in an environmentally sensitive area) are considered as State Significant

Development under Part 4 of the Environmental Planning and Assessment Act 1979.

Small-scale renewable energy proposals

Under State Environmental Planning Policy (Infrastructure) 2007 (“Infrastructure SEPP”), there are a

range of assessment pathways for small-scale renewable energy proposals, which are tailored to the

size, location and level of environmental impact of the proposal.

Small-scale renewable energy systems covered by the Infrastructure SEPP include photovoltaic

systems, solar hot water systems, and solar air heating systems, small wind turbine systems and wind

monitoring towers. Additional provisions may be included in the relevant local council’s Local

Environmental Plan (LEP) and / or Development Control Plan (DCP).

The State Environmental Planning Policy (Infrastructure) 2007 provides for the following in respect to

Solar Energy developments:

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34. Development permitted with Consent (7) Solar energy systems Except as provided by subclause (8), development for the purpose of a solar energy system may be carried out by any person with consent on any land.

(8) Development for the purpose of a photovoltaic electricity generating system may be carried out by a person with consent on land in a prescribed residential zone only if the system has the capacity to generate no more than 100kW

36. Development permitted without consent

(3) Solar energy systems Development for the purpose of a solar energy system may be carried out by or on behalf of a public authority without consent on any land if: (a) it is ancillary to an existing infrastructure facility, and

(b) in the case of development for the purpose of a photovoltaic electricity generating system—the system has the capacity to generate no more than 100kW.

37. Complying development

(2) Solar energy systems Development for the purpose of a solar energy system is complying development on any land if: (a) the development complies with clause 20B (General provisions for complying development) , and

(b) the land is not in a heritage conservation area, and

(c) in the case of development for the purposes of a photovoltaic electricity generating system: (i) the system is installed in accordance with the manufacturer’s specifications or by a person who is accredited by the Clean Energy Council for the installation of photovoltaic electricity generating systems, and

(ii) the system has the capacity to generate no more than 100kW if the land is in a prescribed residential zone, and

(d) in the case of development for the purposes of a system other than a photovoltaic electricity generating system—the system is installed in accordance with the manufacturer’s specifications, and

(e) in the case of a system that is ground-mounted: (i) the total area occupied by the system (together with any other ground-mounted solar energy system on the lot concerned) does not exceed 500m2, and

(ii) the system has a height of not more than 10m above ground level (existing), and

(iii) the system is installed no less than 10m from any adjoining property boundary, and

(iv) if the system involves the use of mirrors or lenses to reflect or concentrate sunlight—the system is installed no less than 100m from any dwelling or other building that is not owned or occupied by the owner of the system, and

(v) if the solar energy system is a photovoltaic electricity generating system having the capacity to generate 10kW or more—the system is installed no less than 50m from any dwelling that is not owned or occupied by the owner of the system, and

(f) in the case of a system that is not ground-mounted:

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(i) the development does not reduce the structural integrity of, or involve structural alterations to, any building to which the system is attached, and Note. The term building is defined in the Environmental Planning and Assessment Act 1979 as including any structure.

(ii) the system does not involve mirrors or lenses to reflect or concentrate sunlight, and

(iii) if the land is in a prescribed residential zone and the system is attached to a wall or roof facing a primary road—the system does not protrude more than 0.5m from the wall or roof (as measured from the point of attachment), and

(iv) if the land is in a prescribed residential zone and the system is not attached to a wall or roof facing a primary road: (A) the system does not protrude more than 1.5m from any building to which it is attached (as measured from the point of attachment), and

(B) the system is installed no less than 1m from any adjoining property boundary if the system protrudes more than 0.5m from any building to which it is attached (as measured from the point of attachment), and

(v) the system does not protrude more than 3m from any building to which it is attached (as measured from the point of attachment) if the land is in a land use zone other than a prescribed residential zone.

39 Exempt Development (3) Solar energy systems Development for the purpose of a solar energy system is exempt development if: (a) it complies with clause 20 (other than clause 20 (2) (f)) (general provisions for exempt development), and

(b) in the case of development for the purposes of a photovoltaic electricity generating system—the system is installed in accordance with the manufacturer’s specifications or by a person who is accredited by the Clean Energy Council for the installation of photovoltaic electricity generating systems, and

(c) in the case of development for the purpose of any solar energy system other than a photovoltaic electricity generating system—the system is installed in accordance with the manufacturer’s specifications, and

(d) the system does not involve mirrors or lenses to reflect or concentrate sunlight, and

(e) in the case of a system that is ground-mounted: (i) the total area occupied by the system (together with any other ground-mounted solar energy system on the lot concerned) does not exceed 150m2, and

(ii) the system has a height of not more than 5m above ground level (existing), and

(iii) the system is installed no less than 3m from any adjoining property boundary, and

(iv) if the land contains a State or local heritage item or is in a heritage conservation area—the system is not visible from any road at the point where the road adjoins the property boundary concerned, and

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(v) if the solar energy system is a photovoltaic electricity generating system having the capacity to generate 10kW or more—the system is installed no less than 10m from any dwelling that is not owned or occupied by the owner of the system, and

(f) in the case of a system that is not ground-mounted: (i) the development does not reduce the structural integrity of, or involve structural alterations to, any building to which the system is attached, and Note. The term building is defined in the Environmental Planning and Assessment Act 1979 as including any structure.

(ii) if the land is in a prescribed residential zone and the system is attached to a wall or roof facing a primary road—the system does not protrude more than 0.5m from the wall or roof (as measured from the point of attachment), and

(iii) if the land is in a prescribed residential zone and the system is not attached to a wall or roof facing a primary road: (A) the system does not protrude more than 1m from any building to which it is attached (as measured from the point of attachment), and

(B) the system is installed no less than 1m from any adjoining property boundary if the system protrudes more than 0.5m from any building to which it is attached (as measured from the point of attachment), and

(iv) if the land contains a State or local heritage item or is in a heritage conservation area: (A) the system is not attached to any wall or roof of a building facing a primary road, and

(B) the system does not protrude more than 0.5m from any building to which it is attached (as measured from the point of attachment), and

(v) the system does not protrude more than 1.5m from any building or structure to which it is attached (as measured from the point of attachment) if the land is in a land use zone other than a prescribed residential zone, and

(vi) in the case of a photovoltaic electricity generating system—the system has the capacity to

generate no more than 10kW.

https://www.legislation.nsw.gov.au/#/view/EPI/2007/641/part3/div4

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In 2017 a 25 MW $24m solar farm development was lodged with Leeton Shire Council for consideration by the Western Joint Regional Planning Panel. In the Statement of Environmental Effects reference is made to policy: “The Proposal occurs within the Leeton LGA. Under the Leeton Local Environmental Plan 2014 (Leeton LEP) the Site is zoned Primary Production (RU1 zone). Despite compliance with the objectives of RU1 electricity generating works such as solar farms are prohibited under Primary Production zoning within Leeton Shire Council. Conversely clause 34(7) of the State Environmental Planning Policy (Infrastructure) (ISEPP) provides that developments for the purpose of ‘solar energy systems’ may be carried out with consent on any land, except as prescribed by subclause 34(8). As such the Proposal is permissible with consent. “ The report details the approval process further as follows: In accordance with Schedule 4A of the EP&A Act this Proposal is deemed Regional Development as it will be ‘private infrastructure with a capital investment value of over $5 million for electricity generating works’ as well as being a ‘Council related development over $5 million’. The Proposal is considered a Council related development as the land is being purchased from Leeton Shire Council. Currently this purchase agreement is in the process of being finalised and the land sub-divided.

A regional development needs to be notified and assessed by Council and then determined by the relevant JRPP For the Proposal to proceed and in accordance with Part 4 of the EP&A Act, a DA accompanied by a SEE must be prepared and submitted to Leeton Shire Council. http://www.leeton.nsw.gov.au/f.ashx/PhotonEnergy/Leeton-Solar-Farm-Statement-of-Environmental-Effects.pdf Leeton Shire Council undertook assessment and notification to neighbouring properties and relevant government agencies. The development proceeded to the WJRPP with the following extracts from the Planning Officer’s report articulating key process and policy matters: “State Environmental Planning Policy (Infrastructure) 2007 Part 3 Division 4 - Electricity Generating Works or Solar Energy Systems Clauses 33 to 39 of the SEPP relates to development for the purpose of electricity generating infrastructure including solar energy systems and wind turbines. The proposal is defined as a solar energy system being an electricity generating work in a prescribed rural zone. Clause 34 (1) enables development of solar energy systems on any land in a prescribed zone with consent. While the proposal is not one relating to primary industry production, it will not result in the depletion of natural resources or resource base during its lifespan. Furthermore grazing is not excluded as the proposal includes the grazing of sheep to manage weeds. Provided the impacts of the proposal can be appropriately mitigated the development would be consistent with the objective to minimise land use conflicts between the RU1 Primary Production zone and the adjoining zones. The development is proposed within a rural area and close to an existing and future residential zone. While the development is suitable within a rural context the location of the development close to a future residential area and on the route of a Ramsar destination site, means that the development should be appropriately landscaped or screened to protect the existing and future amenity of the area. On this basis the impact to nearby residential views would be considered reasonable.” http://www.planningpanels.nsw.gov.au/DevelopmentandPlanningRegister/tabid/62/ctl/view/mid/42

4/JRPP_ID/3235/language/en-US/Default.aspx

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Hence, it is evident that NSW planning system has attempted to update policy in accordance with

emerging energy trends and demands. Whilst, considered assessment against zoning policy at local

planning levels is still required, the Infrastructure SEPP does provide overarching structure to the

approval process.

NSW Planning has produced a Large Scale Solar Energy Guideline see

https://www.planning.nsw.gov.au/-/media/Files/DPE/Guidelines/large-scale-solar-energy-guideline-

2018-12-11.pdf?la=en The Guideline outlines the key assessment issues for State significant solar

energy projects, such as land use conflict, biodiversity and visual impacts. It also seeks to encourage

genuine and early consultation with the community and stakeholders, consistent with best practice

engagement principles. The document may also be of use to applicants for non-State Significant

Development solar energy projects, when undertaking site selection and scoping. Those exercising

consent authority functions for non-SSD projects (such as councils, local planning panels and joint

regional planning panels) may also choose to apply this Guideline, as relevant.

The guideline is a very useful document for solar farm developers and planning professionals

regardless of whether a proposal triggers State significance development assessment or not.

Northern Territory

Source: https://roadmaptorenewables.nt.gov.au/?a=460760

In a similar fashion to Queensland, the Northern Territory Government has adopted a 50% renewable

energy by 2030 target and is in the process of underpinning the goal with appropriate regulatory and

planning environments. The outcomes of an expert panel review of the energy environment in NT have

been detailed in the recently released ‘Roadmap to Renewables report’. The contents articulate what is

required to achieve the ambitious goal.

The report’s Executive Summary states “with careful planning, appropriate governance, effective

regulation, and policies to encourage investment, an increase from the current renewable energy

penetration of four per cent, to the Northern Territory’s target of 50 per cent by 2030, is considered

achievable.”

In total the Expert Panel made eleven recommendations to the NT government of which the following

three relate to Regulatory reforms:

Recommendation 5 – Build Industry and Community Confidence: The Northern Territory Government

should align regulatory and energy system reform to ensure congruence with the 50 per cent renewable

energy target and reposition current technical, legislative and social parameters to build community and

industry confidence in the renewable energy industry.

Recommendation 6 – Support a Competitive Market: The Northern Territory Government should

endorse a competitive energy and capacity market framework for renewable energy in the Northern

Territory.

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Recommendation 7 – Adaptive Regulatory Framework: The Northern Territory Government should

develop a consolidated governance and regulatory framework that is able to adapt to new and

emerging technologies.

Included as enabling actions are the following aspirations related to policy and process:

On a five yearly basis, the Northern Territory Government should review and adapt the regulatory

frameworks to ensure they are flexible and can respond quickly to ongoing changes in technology.

The Northern Territory Government should encourage the installation of ‘behind the meter’ battery

storage systems in light industry and small business applications through educational programs and

streamlined approval process.

Canberra

The ACT has the nation’s most ambitious renewable energy target of supplying its entire energy needs

through renewable sources by 2020. The Territory Government has progressed strongly towards

achieving this target through a series of reverse auctions for solar and wind power developments,

supported by regulatory reform. Significant transformation and the uptake of solar energy generation

have been adopted as a key Territory platform across all Government departments. However, it must

be noted that the vast bulk of ACT’s renewable energy is delivered from wind farms in NSW, Victoria

and SA via the National Electricity Grid. Hence, whilst having a State priority to achieve 100%

Renewable energy by 2020 most of the related projects have been subject to development applications

in other jurisdictions. In fact one of the criteria for taking part in the ACT reverse auction was that your

project was approved and hence ‘shovel ready’ for dispatch of energy within a tight timeframe post

auction.

Three solar farms (Mugga Lane 13 MW; Williamsdale 7 MW and Royalla 20 MW) contribute to the 640

MW renewable energy mix for the ACT. These solar farms were approved under the provisions of the

ACT Planning and Development Act 2009.

The Williamsdale Solar Farm was subject to media coverage during 2015 and some localised

opposition due to it’s location adjacent to the Monaro Highway considered a gateway into Canberra.

The Development Application was subsequently ‘called in’ by the Minister for Planning based on his

opinion it would provide wide community benefit. The solar farm was approved in January 2016 with nil

right of appeal. This situation is further complicated by the involvement of the ACT Government as the

buyer of the power through the reverse auction process and the owner of the subject land. In fact the

Solar Farm call in coincided with negotiations with the developer to abandon another more

controversial site and shift the development to Williamsdale as the less controversial option.

Briefly reviewing information on this development it is evident that planning land use policy supported

by spatial strategy was not in tune with state economic growth policy. In the end a rather strong

centralised decision was made to authorise the development and overcome obstacles to progressing

construction and commissioning.

The ACT Planning and Development Regulations 2008 require development applications for electricity

generation facilities with more than 20 MW capacities to include an Environmental Impact Statement.

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INTERNATIONAL EXPERIENCE

The impacts of inadequate land use planning policy for solar farms have not been an Australia only

problem. In the USA a Town Council attracted world wide media attention in 2015 for rejecting a Solar

Farm amid fears the facility would deplete photosynthesis of plants in the area, decrease property

prices and may cause cancers. A subsequent moratorium was placed on solar farm developments in

the Council district.

http://www.iflscience.com/environment/solar-farm-rejected-over-fears-it-could-drain-sun-cause-cancer/

In the Republic of Ireland a recent rejection of a solar farm at Wexford was partly the result of an

absence of national planning policy guidance for such developments. The original decision has been

upheld in an appeal. Significantly the Council cited that “the decision was also influenced by a “lack of

guidance at national, regional and local level” as to the appropriate location and scale of solar projects.”

https://www.irishtimes.com/news/environment/wexford-solar-farm-planning-rejection-upheld-on-appeal-

1.2968500

In the UK the take up of solar energy has been rapid over recent years. To support this uptake, central

government has encouraged and enabled local authorities to introduce policy advice for developers and

planning assessment officers. The following guidance is provided in this respect:

Active solar technology, (photovoltaic and solar water heating) on or related to a particular building is

often permitted development (which does not require a planning application) provided the installation is

not of an unusual design, or does not involve a listed building, and is not in a designated area. Where a

planning application is required, factors to bear in mind include:

the importance of siting systems in situations where they can collect the most energy from the

sun;

need for sufficient area of solar modules to produce the required energy output from the

system;

the effect on a protected area such as an Area of Outstanding Natural Beauty or other

designated areas;

the colour and appearance of the modules, particularly if not a standard design

Particular factors a local planning authority will need to consider include:

encouraging the effective use of land by focusing large scale solar farms on previously

developed and non agricultural land, provided that it is not of high environmental value;

where a proposal involves greenfield land, whether (i) the proposed use of any agricultural land

has been shown to be necessary and poorer quality land has been used in preference to higher

quality land; and (ii) the proposal allows for continued agricultural use where applicable and/or

encourages biodiversity improvements around arrays.

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that solar farms are normally temporary structures and planning conditions can be used to

ensure that the installations are removed when no longer in use and the land is restored to its

previous use;

the proposal’s visual impact, the effect on landscape of glint and glare and on neighboring uses

and aircraft safety;

the extent to which there may be additional impacts if solar arrays follow the daily movement of

the sun;

the need for, and impact of, security measures such as lights and fencing;

great care should be taken to ensure heritage assets are conserved in a manner appropriate to

their significance, including the impact of proposals on views important to their setting. As the

significance of a heritage asset derives not only from its physical presence, but also from its

setting, careful consideration should be given to the impact of large scale solar farms on such

assets. Depending on their scale, design and prominence, a large scale solar farm within the

setting of a heritage asset may cause substantial harm to the significance of the asset;

the potential to mitigate landscape and visual impacts through, for example, screening with

native hedges;

the energy generating potential, which can vary for a number of reasons including, latitude and

aspect.

The approach to assessing cumulative landscape and visual impact of large scale solar farms is likely

to be the same as assessing the impact of wind turbines. However, in the case of ground-mounted

solar panels it should be noted that with effective screening and appropriate land topography the area

of a zone of visual influence could be zero.

https://www.gov.uk/guidance/renewable-and-low-carbon-energy

Meeting our energy goals should not be used to justify the wrong development in the wrong location

and this includes the unnecessary use of high quality agricultural land. Protecting the global

environment is not an excuse to trash the local environment. When we published our new planning

guidance in support of the Framework, we set out the particular factors relating to large scale ground

mounted solar photovoltaic farms that a local council will need to consider. These include making

effective use of previously developed land and, where a proposal involves agricultural land, being quite

clear this is necessary and that poorer quality land is to be used in preference to land of a higher

quality.

Mr. Eric Pickles Secretary of State for Communities and Local Government UK March 2015

Taking a well progressed example from the United Kingdom, we can begin to see what comprehensive

Planning policy advice for small scale solar farms in South Australia might look like. The Maidstone

Borough Council produced specific Policy advice in January 2014. It is a c document which guides

Council, developers, third parties and the wider community in various considerations that need to be

included in planning applications. The policy advice is for systems greater than 50kW which includes

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the scale of various ground mounted developments currently being subject to applications in SA

assessed by Councils as they fall under the ‘call in’ of 50 MW.

http://www.maidstone.gov.uk/__data/assets/pdf_file/0005/51557/Solar-Note-Over-50KW-April-2014.pdf

SOLAR FARM LAND USE POLICY –WHERE TO FROM HERE

High level research indicates that both the Victorian and NSW Governments have progressed solar

energy specific policy and approvals processes which could readily guide the development of similar

proposals in South Australia. Potentially the best way forward might consider an amalgam of the best of

both these states policy and processes for inclusion in the Planning and Design Code and development

of supplementary guidance for Developers and Planners.

In NSW there is very clear direction through the State Environmental Planning Policy (SEPP) and the

Large Scale Solar Energy Guideline providing practitioner guidance for assessment related issues.

In Victoria specific Solar Farm planning policy exists at a state level through Clause 52.42 of the

Victorian Planning Provisions.

If adopting such an approach South Australia would introduce clear State-wide land use zoning policy

which distinguished solar farm developments separately to other renewable energy developments as

per the Victorian planning system. Supporting such provisions would include a review of rural and

primary production zoning policy to ensure appropriate linkage references such as direction that non

agricultural uses do not have detrimental effect on general amenity or do not adversely affect the use of

land for agricultural purposes. Complimentary to Policy there would be review of legislation regarding

rationale for determining relevant authority, which currently in SA is based on generation capacity

dispatched to electricity grid. The stability of the power grid is the current key trigger for channelling

applications through SCAP. However in other respects many solar farm developments generating up to

50 MW might not necessarily be considered state significant developments and hence could readily be

processed through Council or Regional assessments. Such assessments could involve a referral to

Office of Technical Regulator to scrutinise grid security concerns.

Subsequently, distinct guidance is recommended to assist both developers, Council based Planning

Officers, Council Assessment Panels, Regional Assessment Panels and the wider community on

matters for consideration when assessing the impacts of a proposed solar farm.

The following recommendations if implemented are likely to provide a number of significant benefits

including:

Reduced costs to developers through clarity in terms of site and location suitability for solar

farms, clearer development application requirements with information tailored to circumstances,

reduced likelihood of lengthy and costly appeals and improved ability to support investors.

Improved outcomes for owners of neighbouring properties and third party interests through

policy provisions which support appropriate and orderly development in suitable locations.

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Reduced likelihood of poor planning outcomes with specific land use policy assisting

development assessment staff and panels in making confident and appropriate assessments

and decisions.

Economic benefits throughout South Australia building further upon the reputation of

encouraging acceptable renewable energy generation.

Economic benefits to regions through lower power costs and business sustainability as

commercial scale solar farms and solar / battery installations increase.

Supporting the low carbon energy goals of South Australia and significant environmental

benefits that accrue for generations to come.

RECOMMENDATIONS

The following recommendations are made in respect to addressing the planning policy gaps

for Solar Farm developments in South Australia:

1. The State Government in recognition of the anticipated significant increase in

small scale solar farms and importance for South Australian businesses and

economy, provide active leadership and support the development of enabling

land use policy and development approvals processes.

2. Research and Workshops be held to gather views on localised experiences from

developers, Council and DPTI Officers and respondents to applications on

current policy, approval process and issues of concern.

3. Revised draft policy and approvals processes are developed by DPTI in

association with other relevant State agencies and Local Government.

4. Policy provisions are included in the drafting of Planning and Design Code and

legislation amended where necessary to provide clear and efficient pathways for

assessment and approval by relevant authorities.

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APPENDIX ONE-VICTORIAN PLANNING PROVISION

52.42 21/0912009 VCGO

52.42-1 21109/20 09 VC60

52.42-2 21109/2009 VCGO

RENEWABLE ENERGY FACILITY (OTHER THAN WIND ENERGY FACILITY AND GEOTHERMAL ENERGY EXTRACTION)

Purpose

To facilitate the establishment and expansion ofrenewable energy facilities, in appropriate locations, with minimal impact on the amenity of the area.

Scope

This clause applies to land used and developed or proposed to be used and developed for a renewable energy facility.

Application requirements

An application must be accompanied by the following information, as appropriate:

• A site and context ana lysis, including:

A site plan, photographs or other techniques to accurately describe the site and the surrounding area.

A location plan showing the ful l site area, local electricity grid, access roads to the site and direction and distance to nearby accommodation, hospital or education centre.

A design response, including:

Detai led plans of the proposed development including, the layout and height of the facility and associated building and works, materials, reflectivity, colour, lighting, landscaping, the electricity distribution starting point (where the electricity will enter the distribution system), access roads and parking areas.

Accurate visual simulations illustrating the development in the context of the surrounding area and from key public view points.

The extent of vegetation removal and a rehabilitation plan for the site.

Written report and assessment, including:

An explanation of how the proposed design derives from and responds to the site analysis.

A description of the proposal, including the types of process to be utilised, materials to be stored and the treatment of waste.

Whether a Works Approval or Licence is required from the Environment Protection Authority.

the potential amenity impacts such as noise, glint, light spill, emissions to air, land or water, vibration, smell and electromagnetic interference.

the effect of traffic to be generated on roads.

the impact upon Aboriginal or non-Aboriginal cultural heritage.

the impact of the proposal on any species listed under the Flora and Fauna Guarantee Act 1988 or Environment Protection and Biodiversity Conservation Act 1999.

PARTICULAR PROVISIONS - CLAUSE 52.42 PAGE I OF2

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Meeting our energy goals should not be used to justify the wrong development in the wrong

location and this includes the unnecessary use of high quality agricultural land. Protecting the

52.42-3 21/09/2009 VC60

A statement of why the site is suitable for a renewable energy facility including, a calculation of the greenhouse benefits.

An environmental management plan including, a construction management plan, any rehabilitation and monitoring.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines of Clause 65, the responsible authority must consider, as appropriate:

• 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 the natural environment and natural systems.

• Whether the proposal will require traffic management measures.

PARTICULAR PROVISIONS - CLAUSE 52.42 PAGE20F2

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global environment is not an excuse to trash the local environment. When we published our new

planning guidance in support of the Framework, we set out the particular factors relating to

large scale ground mounted solar photovoltaic farms that a local council will need to consider.

These include making effective use of previously developed land and, where a proposal

involves agricultural land, being quite clear this is necessary and that poorer quality land is to

be used in preference to land of a higher quality.