MINISTERIAL DESIGNATION FOR PROPOSED 66/11KV DARTMOUTH STREET ELECTRICITY SUBSTATION

Transcription

1 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 1 MINISTERIAL DESIGNATION FOR PROPOSED 66/11KV DARTMOUTH STREET ELECTRICITY SUBSTATION TOWN PLANNING ASSESSMENT REPORT PREPARED FOR REF:

2 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 2 PROPOSED 66/11KV DARTMOUTH STREET ELECTRICITY SUBSTATION TOWN PLANNING ASSESSMENT REPORT ADAMS + SPARKES TOWN PLANNING +DEVELOPMENT All information contained within this document is provided in strict commercial confidence and is the property of ADAMS + SPARKES. This document and the information are solely for the use of the authorised recipient and this document may not be used, copied or reproduced in whole or part for any purpose other than that for which it was supplied by ADAMS + SPARKES. ADAMS + SPARKES makes no representation, undertakes no duty and accepts no responsibility to any third party who may use or rely upon this document or the information. This document is not to be disclosed or reproduced in part or in full, without express written authority from ADAMS + SPARKES. Ergon Energy Corporation Limited has the authority to produce multiple copies of this report as required. DOCUMENT CONTROL PROJECT NO AUTHORISED FOR ISSUE Revision No. Date Revision Details Author Reviewer A December % Draft C.Adams P.Sparkes B May % Draft P.Sparkes C.Adams C June 2012 Final P.Sparkes C.Adams Author: Cameron Adams (Senior Planner / Managing Director) Signed: Reviewer: Pete Sparkes (Senior Planner / Director) Signed: Approved by: Cameron Adams (Senior Planner / Managing Director) Signed:

3 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 1 TABLE OF CONTENTS 1 EXECUTIVE SUMMARY... I 2 INTRODUCTION PROJECT SUBJECT SITE AND SURROUNDING LAND USE ENVIRONMENTAL PROTECTION ACT AND BIODIVERSITY CONSERVATION ACT SUSTAINABLE PLANNING ACT MINISTERIAL DESIGNATION PROCESS UNDER SPA ADVANCING THE PURPOSE OF THE SUSTAINABLE PLANNING ACT TEST TO QUALIFY AS COMMUNITY INFRASTRUCTURE MATTERS FOR CONSIDERATION Properly made submission under Section 207 (4) State Planning Regulatory Provisions Regional Planning Instrument State Planning Policies Master Plans Planning Scheme Provisions REGIONAL PLANNING INSTRUMENTS WIDE BAY BURNETT REGIONAL PLAN STATE PLANNING POLICIES STATE PLANNING POLICES APPROPRIATELY REFLECTED IN LOCAL PLANNING SCHEME ASSESSMENT OF APPLICABLE STATE PLANNING POLICIES SPP 1/03: Mitigating the Adverse Impacts of Flood, Bushfire and Landslide SPP 1/07 Housing and Residential Development including Guideline SPP 2/07 Protection of Extractive Resources SPP 1/09 Reconfiguration of a Lot Code for Land in Indigenous Local Government Areas to which a Local Planning Scheme does not apply SPP 2/10 Koala Conservation in South East Queensland SPP 3/10 Acceleration of Compliance Assessment SPP 4/10 Healthy Waters SPP 5/10 Air, Noise and Hazardous Materials Temporary SPP 2/11 Planning for Stronger, More Resilient Floodplains SPP3/11 Coastal Protection (Queensland Coastal Plan) SPP 4/11 Protecting wetlands of high ecological significance in Great Barrier Reef catchments SPP 1/12 Protection of Queensland's Strategic Cropping Land OTHER STATE AND REGIONAL PLANNING CONSIDERATIONS NATURE CONSERVATION (KOALA) CONSERVATION PLAN LOCAL PLANNING INSTRUMENT HERVEY BAY CITY COUNCIL PLANNING SCHEME PLANNING SCHEME STRUCTURE PART 1 ADMINISTRATION PART 2 STRATEGIC FRAMEWORK PART 3 ASSESSMENT REQUIREMENTS PART 8 OVERLAYS Overlay Codes... 53

4 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE PART 4 DEVELOPMENT REQUIREMENTS PART 5 SCHEDULES PLANNING SCHEME POLICIES SUMMARY OF PLANNING SCHEME COMPLIANCE NEW FRASER COAST REGIONAL COUNCIL PLANNING SCHEME CONCLUSION TABLES Table 1 Desired Environmental Outcomes (DEOs) Table 2 Planning Scheme Overlays Table 3 Performance Criteria and Acceptable Solutions Acid Sulphate Soils Overlay Code Table 4 Performance Criteria and Acceptable Solutions Airport Environs Overlay Code Table 5 Urban Locality Low Density Residential Code Table 6 Hervey Bay City Planning Scheme Codes FIGURES Figure 1 Substation Design Plans Figure 2 Locality Figure 3 Aerial Figure 4 Wide Bay Burnett Regional Plan Figure 5 Interim Floodplain Assessment Overlay Figure 6 QLD Coastal Plan Figure 7 Coastal Hazard Areas Erosion Prone Area Figure 8 Coastal Hazard Areas Storm Tide Inundation Area Figure 9 Strategic Cropping Land Figure 10 Planning Scheme Zoning Figure 11 Planning Scheme Overlays Figure 12 Planning Scheme Overlays

5 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE I 1 Executive Summary E1. This Town Planning Assessment Report is to form part of the Initial Assessment Report prepared in relation to the proposed establishment of a new 66/11 kilovolts (kv) Electricity Substation for Ergon Energy Corporation Limited (hereafter Ergon Energy ) at Dartmouth Street, Scarness, Hervey Bay, within the Fraser Coast Regional Council Local Government Area, and the relevant planning scheme being the Hervey Bay City Planning Scheme 2006 (hereafter Planning Scheme ). E2. Ergon Energy is seeking approval of the proposed development through the Ministerial Designation process as Community Infrastructure, under Chapter 5 of the Sustainable Planning Act 2009 (SPA), as this is considered the most appropriate process in facilitating approval of the proposed development. E3. The Designating Minister is required to ensure that any decision for designation of land for Community Infrastructure is to advance the purpose of the SPA, being the achievement of ecological sustainability. E4. This report identifies and assesses the applicable provisions of the designation process under the SPA. Section 201 of the SPA requires that land may be designated for community infrastructure only if the Designating Minister is satisfied the community infrastructure will:... (a) facilitate the implementation of legislation and policies about environmental protection or ecological sustainability; or (b) facilitate the efficient allocation of resources; or (c) satisfy statutory requirements or budgetary commitments of the State or local government for the supply of community infrastructure; or (d) satisfy the community s expectations for the efficient and timely supply of the infrastructure. E5. This report confirms that the proposed Electricity Substation satisfies the requirements of Section 201 (b) and (d) of the SPA, by facilitating the efficient allocation of resources and satisfying the community s expectations for the efficient and timely supply of the infrastructure. E6. Section 207(2) of the SPA requires the Designating Minister to consider the proposed development against the following planning instruments: (a) (b) (c) (d) (e) (f) every properly made submission under subsection (4); and, for land to which a State planning regulatory provision applies the provision; and, for land in a designated region the region s regional plan; and, each relevant State planning policy; and, for land in a declared master planned area any master plans for the area; and, each relevant local planning instrument. E7. This report provides an assessment of the proposal against Section 207(2) and concludes that the proposed Ergon Energy Dartmouth Street Electricity Substation complies with the provisions

6 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE II of the Planning Scheme and those State Planning Policies relevant to the project. The proposed Electricity Substation does not conflict with the key principles of the SPA by satisfying both the requirements for Designation of Community Infrastructure and the relevant provisions of the Planning Scheme.

7 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 1 2 Introduction 1. Ergon Energy intends to seek Ministerial designation as Community Infrastructure for the proposed Dartmouth Street Electricity Substation under Chapter 5 of the SPA. ADAMS SPARKES Pty Ltd - t/a ADAMS + SPARKES TOWN PLANNING + DEVELOPMENT, (hereafter ADAMS + SPARKES ), has been commissioned by Ergon Energy to prepare a Town Planning Assessment Report, which is to be included within a Ministerial Designation Assessment Report to the designating Minister. An overview of the relevant Acts, Regulations and Planning Instruments to obtain planning approvals as they relate to the proposal, are detailed in the following sections. 2. The purpose of this report is to consider the proposed Electricity Substation project within the context of the legislative and policy framework that supports the Federal and State planning and development system. Considerations include: Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act); Designation of Land for Community Infrastructure, as provided for by the SPA; Regional Planning Instruments: o Wide Bay Brunett Regional Plan o Wide Bay Burnett State Planning Regulatory Provisions State Planning Policies; Other State and Regional Planning Considerations; and, Local Planning Instrument Hervey Bay City Planning Scheme This report is to form an appendix to the Initial Assessment Report prepared by GHD.

8 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 2 3 Project 4. Ergon Energy is proposing to establish a new 66/11kV standard design zone Electricity Substation to supply the existing 11kV distribution network located in the surrounding area. Ergon Energy has anticipated that the existing electricity network will soon reach its limits as a result of the new commercial facilities approved and/or under construction within the Hervey Bay Central Business District and the need is to establish additional electricity infrastructure to ensure adequate capacity is available to meet future customer needs in the region. 5. As outlined above, Ergon Energy has identified emerging limitations in the electricity distribution network supplying the Hervey Bay Central Business District. The key outcomes of the proposed Dartmouth Street Electricity Substation include: Reduce loads currently being placed on the existing substations; Provide new transformer capacity and 11kV feeder capacity to supply the present and future loads in the developing Hervey Bay Central Business District; Provide a high reliability and high quality supply to the Hervey Bay Central Business District customers; Provide increased network operational capability; and, Reduce network outages. 6. At the time of undertaking this town planning assessment, preliminary site layout design plans of the proposed Electricity Substation had been provided to ADAMS + SPARKES. The preliminary design shows the proposed substation will have a footprint of approximately 2,822m 2, equating to 35% of the subject site (Lot 2 SP185636). The substation is to be a Z6-32 standard design, with Ergon Energy ensuring that the overall design provides enhanced safety, aesthetic and physical security features for use in urban areas. The proposed electricity substation is designed to be a highly reliable zone substation, with minimal impact on the local environment, by way of a medium level of visual impact, a high level of community and staff safety and low maintenance requirements. 7. The proposal, as shown in the following design plans, consists of a single control building and various outdoor switchgear and line bays, with all lines entering and leaving the site being placed underground. It is noted that these design plans are preliminary only and are subject to minor amendments.

9

10

11 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 5 4 Subject Site and Surrounding Land Use 8. The subject site is located at Scarness, an inner suburb of Hervey Bay, approximately 2.5 km east of the Hervey Bay Central Business District, located along Boat Harbour Drive and is legally described as Lot 2 on SP (Figure 2). The site is 7,994m 2 in size and is located within the former Hervey Bay City Council area, therefore subject to the relevant provisions of the Hervey Bay City Planning Scheme The site is currently vacant and contains an existing dam, which will be drained and filled in accordance with Council s standards. The site has a road frontage to both Dartmouth Street (116.70m) and Boat Harbour Drive (68.54m). The site was recently subdivided from the parent parcel of land (Lot 1 on SP185636, formally Lot 1 on RP160839) in accordance with Schedule 4, Table 3, Point 2 of the Sustainable Planning Regulations Adjoining the site to the north is an access handle for the adjoining lot to the west of the site, Lot 1 on SP Further north of this access handle is a single detached dwelling that is orientated towards Gordon Street and is well setback to the boundary of the subject site. East of the subject site, along the opposite side of Dartmouth Street are a number of single detached dwellings, which on average are setback approximately 6 metres from Dartmouth Street. South of the subject site, on the opposite side of Boat Harbour Drive are a number of singe detached dwellings that directly front Boat Harbour Drive and the Urimbirra Retirement Village, which is located on a large parcel of land and includes a number of detached villas scattered throughout the property. 10. The adjoining lot (Lot 1 on SP185636) to the west is currently the subject to a Development Application for a Preliminary Approval to Vary the Effect of the Planning Scheme (s242 of SPA) for Commercial Purposes. It is understood that at the time of writing this report, the application was in the Decision Stage of the Integrated Development Assessment System (IDAS).

12

13

14 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 8 5 Environmental Protection Act and Biodiversity Conservation Act Under the environmental assessment provisions of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), actions that are likely to have a significant impact on a Matter of National Environmental Significance (MNES) are subject to a rigorous assessment and approval process. An action includes a project, development, undertaking, activity, or series of activities. 12. The EPBC Act identifies seven MNES: World Heritage properties; National heritage places; Wetlands of international importance (Ramsar Wetlands); Listed threatened species and ecological communities; Listed migratory species; Commonwealth marine areas; and, Nuclear actions (including uranium mining). 13. Actions by the Commonwealth or on or affecting Commonwealth Land, which have or are likely to have a significant impact on the environment are termed controlled actions. The process for assessing and approving a controlled action under the EPBC Act involves three (3) stages: referral, assessment and approval. 14. Bilateral agreements are important variations to the normal assessment or approval stages of the EPBC Act. This is an arrangement allowing State and Territory assessment and approval processes to be accredited to fulfill similar approval processes thereby avoiding duplication. There are two (2) types: assessment bilateral, whereby the State Environmental Impact Assessment (EIA) processes are accredited, yet the Commonwealth makes the final decision; and approval bilateral, whereby both assessment and approval are devolved to the State. The bilateral agreement recognises the environmental assessment processes under the SPA, Environmental Protection Act 1994 (EPA) and State Development and Public Works Organisation Act 1971 (SDPWO). 15. Where an action is likely to have a significant impact on matters of national environmental significance, the Project is required to be referred to the Commonwealth Minister for Department of Sustainability, Environment, Water, Population and Communities (DSEWPC). The EPBC Act processes also allow voluntary referral of a Project to DSEWPC, where confirmation that a Project will not have significant impacts on matters of national environmental significance. Where an action requires Commonwealth approval a formal assessment process is undertaken in accordance with provisions of relevant legislation. 16. The environmental assessment undertaken by GHD indicates that the proposed development is unlikely to significantly impact upon any matters of national environmental significance or result in any controlled actions. Referral to Commonwealth Minister for SEWPC is not considered to be required.

15 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 9 6 Sustainable Planning Act The SPA allows for two planning processes to be used to facilitate development, being: Integrated Development Assessment System (IDAS); or, Ministerial Designation Process. 18. Ergon Energy in its capacity as a Government Owned Corporation and electricity distribution entity is seeking the support of the designating Minister, being the Minister for Energy and Water Utilities, for the designation of the proposed development as community infrastructure in accordance with Chapter 5 of the SPA (hereafter referred to as Ministerial Designation ). This section discusses the requirements and process for obtaining a Ministerial Designation in relation to the proposed community infrastructure. 6.1 Ministerial Designation Process under SPA 19. Chapter 5 of the SPA outlines the process required for a Ministerial Designation of land for community infrastructure. Designation of community infrastructure under Chapter 5 of the SPA is a key component in the delivery of essentially infrastructure. The designation process is often the preferred approval mechanism for large community infrastructure projects that require consideration of planning matters at the State or regional level. 20. The designation process means the proposed electricity substation will not be subject to the IDAS process outlined within SPA, which would require an application for development approval for Material Change of Use over the subject site. Accordingly, an application to the Fraser Coast Regional Council will not be required. The designation process also ensures that the subject site can be protected from encroachment by incompatible development, or that neighbouring development can be managed to avoid or minimise adverse environmental impacts. 21. The designation process streamlines the planning process and facilitates the timely delivery of infrastructure to meet the growing demand and demonstrated need within Hervey Bay. In accordance with Chapter 5 of the SPA, the designation process still requires a thorough assessment against the relevant local government planning scheme provisions, includes a public notification process prior to the designation by the Minister, and requires the best practice management of all relevant environmental matters. 6.2 Advancing the Purpose of the Sustainable Planning Act As part of the designation process, it is essential to the proposed Dartmouth Street Electricity Substation that consideration is given to the underlying principle and purpose of the SPA. The purpose of the SPA, as outlined in Chapter 1, Part 2, Section 3, is:...to seek to achieve ecological sustainability by (a) managing the process by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; and (b) managing the effects of development on the environment, including managing the use of premises; and

16 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 10 (c) continuing the coordination and integration of planning at the local, regional and State levels. 23. With an emphasis on development outcomes and ecological sustainability, decision-making entities under the SPA are legally obliged to make decisions that advance the purposes of the SPA and consider all matters referred to in Chapter 1, Part 2, Section 3 outlined above. The purpose of the SPA, being ecological sustainability, is inherent in planning, development and environmental impact assessment, and is defined as follows in Section 8:...a balance that integrates (a) protection of ecological processes and natural systems at local, regional, State and wider levels; and (b) economic development; and (c) maintenance of the cultural, economic, physical and social wellbeing of people and communities. 24. In determining the merits of a development and ecological sustainability, all matters referred to in (a), (b) and (c) above are to be considered and assessed against each other. 25. The designating Minister, when considering a designation for community infrastructure, is required to advance the purpose of the SPA, under Section 4 (1)(a), which states: (1) If, under this Act, a function or power is conferred on an entity, the entity must (a) unless paragraph (b) or (c) applies perform the function or exercise the power in a way that advances this Act s purpose; or It is considered that the term advance suggests that an entity would only have to perform the function or exercise the power in a way that promotes or supports ecological sustainability, rather than determining a development that specifically achieves ecological sustainability. 27. An explanation of advancing the Act s purpose, as defined in Section 5 of the SPA includes: (1) Advancing this Act s purpose includes (a) (b) (c) ensuring decision-making processes (i) are accountable, coordinated, effective and efficient; and (ii) take account of short and long-term environmental effects of development at local, regional, State and wider levels, including, for example, the effects of development on climate change; and (iii) apply the precautionary principle; and (iv) seek to provide for equity between present and future generations; and ensuring the sustainable use of renewable natural resources and the prudent use of non-renewable natural resources by, for example, considering alternatives to the use of non-renewable natural resources; and avoiding, if practicable, or otherwise lessening, adverse environmental effects of development, including, for example

17 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 11 (i) climate change and urban congestion; and (ii) adverse effects on human health; and (d) considering housing choice and diversity, and economic diversity; and (e) supplying infrastructure in a coordinated, efficient and orderly way, including encouraging urban development in areas where adequate infrastructure exists or can be provided efficiently; and (f) applying standards of amenity, conservation, energy, health and safety in the built environment that are cost-effective and for the public benefit; and (g) providing opportunities for community involvement in decision making. (2) For subsection (1)(a)(iii), the precautionary principle is the principle that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment if there are threats of serious or irreversible environmental damage. (3) In this section natural resources includes biological, energy, extractive, land and water resources that are important to economic development because of their contribution to employment generation and wealth creation. 28. The abovementioned provisions of the SPA are to be considered as part of the preparation of any planning instrument, the assessment of any development application and the determining of designations by entities exercising these powers under the SPA. In the assessment or determination of any planning instrument, development or designation, the precautionary principle must be adopted where any proposal has the potential to lead to serious or irreversible environmental damage. 29. The following section provides a review of the required tests for designation qualification under the SPA. 6.3 Test to qualify as Community Infrastructure 30. There are two (2) tests in determining whether a proposal qualifies for designation under the SPA.These are: if the proposal is defined as community infrastructure under Schedule 2 of the Sustainable Planning Regulation 2009 (SPR); and, whether the designator is satisfied the proposed community infrastructure will perform one or more functions identified in Section 201 of the SPA. 31. With regard to the first test, Schedule 2 of the SPR indicates that the community infrastructure includes:... (m) operating works under the Electricity Act

18 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE Section 12 (3) of the Electricity Act 1994 defines Operating Works as:... (a) for a generation entity the generating plant, fuel stocks, electrical and other property used for generating electricity or connecting supply to a transmission grid or supply network; or (b) for a transmission entity the transmission grid and other property used for operating or managing the transmission grid; or (c) for a distribution entity the supply network and other property used for operating or managing the supply network. 33. Ergon Energy is considered to be a distribution entity under the Electricity Act 1994 and the provision of the proposed Dartmouth Street Electricity Substation is considered to be operating works. The proposal therefore qualifies as community infrastructure under Schedule 2 of the SPR. 34. In regard to the second test, it is considered that the proposed Dartmouth Street Electricity Substation also satisfies the designation provisions outlined in Section 201 of the SPA. Section 201 requires that land may be designated for community infrastructure only if the designator (Minister or local government) is satisfied the community infrastructure will:...(a) facilitate the implementation of legislation and policies about environmental protection or ecological sustainability; or (b) facilitate the efficient allocation of resources; or (c) satisfy statutory requirements or budgetary commitments of the State or local government for the supply of community infrastructure; or (d) satisfy the community s expectations for the efficient and timely supply of the infrastructure. 35. The proposed Dartmouth Street Electricity Substation is considered community infrastructure that would satisfy item (b) and (d) above. Ergon Energy has identified the need to construct a new substation that meets the growing electricity demands of the expanding Central Business District of Hervey Bay. Section 201 of the SPA seeks to ensure that the community benefits from planned and designated community infrastructure. Failure to secure the subject site for the proposed substation may result in Ergon Energy being unable to ensure the delivery of reliable electricity supply to the Central Business District of Hervey Bay. 6.4 Matters for consideration 36. Section 207 of the SPA outlines the matters the Minister must consider before designating land. These include: (1) Before designating land, the Minister must be satisfied that, for the development the subject of the proposed designation (a) adequate environmental assessment has been carried out; and (b) in carrying out environmental assessment under paragraph (a), there was adequate public consultation; and

19 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 13 (c) (d) adequate account has been taken of issues raised during the public consultation; and for land to which section 204 applies adequate account has been taken of the approved development scheme mentioned in that section. (2) The Minister must also consider (a) every properly made submission under subsection (4); and (b) for land to which a State planning regulatory provision applies the provision; and (c) for land in a designated region the region s regional plan; and (d) each relevant State planning policy; and (e) for land in a declared master planned area any master plans for the area; and (f) each relevant local planning instrument. 37. An assessment of the proposed development against Section 207(1) of the SPA is to be provided within the IAR prepared by GHD. The following sections of this Town Planning Assessment Report provide an assessment against Section 207(2) of the SPA. A summary of the following sections are provided below: Properly made submission under Section 207 (4) 38. The project has not reached this stage in the designation process, and accordingly an assessment of properly made submissions has not been undertaken as part of this report. Upon submission of the formal request for community designation from the Minister, a written notice of the project will be provided to the owner of land to which the proposed designation applies, surrounding land owners, relevant State Government agencies and the Fraser Coast Regional Council State Planning Regulatory Provisions 39. The site is not affected by any current State Planning Regulatory Provisions, apart from the Wide Bay Brunett Regional Plan Regulatory Provisions, which are discussed in Section 7.3 below Regional Planning Instrument 40. An assessment of the relevant Regional Planning Instruments is provided in Section 7 of this report State Planning Policies 41. An assessment of all relevant State Planning Policies is provided in Section 8 of this report Master Plans 42. The site is not within a declared master planned area Planning Scheme Provisions 43. An assessment of all relevant Planning Scheme Provisions is provided within Section 10 of this report.

20 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 14 7 Regional Planning Instruments 7.1 Wide Bay Burnett Regional Plan 44. The proposed Dartmouth Street Electricity Substation is located within the Wide Bay Burnett (WBB) Regional Plan area. The WBB Regional Plan was endorsed in September 2011 and is considered a strategic document that guides growth and sustainability in the region for the next two decades. The WBB region encompasses more than 48,488km 2 and covers the Regional Council Areas of Fraser Coast, Bundaberg, Gympie, North Brunette and South Brunette, while also including the Cherbourg Aboriginal Shire Council. The WBB Regional Plan contains a planning framework to help sustain the region s communities, strengthen the economy, inform the delivery of social services and infrastructure, and protect the region s environment. 45. The WBB Regional Plan is a statutory document that takes precedence over all planning instruments, other than State planning regulatory provisions. The WBB Regional Plan outlines ten desired regional outcomes, which are supported by a range of policies and programs. The ten desired regional outcomes are as follows: Sustainability and climate change Environment Natural resources management Rural Futures Strong communities Engaging Aboriginal and Torres Strait Islander peoples Managing Growth Urban Form Strong Economy Infrastructure and servicing 46. The WBB Regional Plan establishes three (3) land use categories to classify parts of the region Urban Footprint, Rural Living Area and Regional Landscape and Rural Production Area. These land use categories provide a spatial description of the desired regional outcomes for the WBB Region. The proposed Dartmouth Street Electricity Substation is located within the Urban Footprint land use category (refer to Figure 4). The Urban Footprint identifies land that can meet the region s projected urban development needs to at least 2031, with these areas intended to incorporate the full range of urban services, including housing, industry, business, infrastructure, community facilities and the urban open space. 47. The desired regional outcomes outlined within the WBB Regional Plan acknowledges that the provision of adequate and reliable energy supply from current and alternative sources needs to be planned over the longer term to ensure that demand from expected population and economic growth can be met now and in the future. The proposed Ergon Energy project satisfies the Regional Vision and Policy Framework of the WBB Regional Plan by providing essential community infrastructure in accordance with the applicable and relevant Federal, State and Local Government Planning and Environmental legislative requirements.

21

22 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 16 8 State Planning Policies 48. The following section of this report provides an assessment of the proposed Dartmouth Street Electricity Substation against the relevant State Planning Policies for the site, as per Section 207(2)(d) of the SPA. The following State Planning Policies (SPP s) are operational within Queensland under the provisions of the SPA: SPP 1/92 Development and the Conservation of Agricultural Land SPP 1/02 Development in the Vicinity of Certain Airports and Aviation Facilities SPP 2/02 Planning and Managing Development Involving Acid Sulfate Soils SPP 1/03 Mitigating the Adverse Impacts of Flood, Bushfire and Landslide SPP 1/07 Housing and Residential Development SPP 2/07 Protection of Extractive Resources SPP 1/09 Reconfiguration of a Lot Code for Land in Indigenous Local Government Areas to which a Local Planning Scheme does not apply SPP 2/10 South East Queensland Koala Conservation SPP 3/10 Acceleration of Compliance Assessment SPP 4/10 Healthy Waterways; SPP 5/10 Air, Noise and Hazardous Materials Temporary SPP 2/11 Planning for Stronger, More Resilient Floodplains SPP3/11 Coastal Protection SPP 4/11 Protecting wetlands of high ecological significance in Great Barrier Reef catchments SPP 1/12 Protection of Queensland's Strategic Cropping Land 49. An assessment of the abovementioned SPP s is provided in Section 8.2 of this Town Planning Assessment Report. 8.1 State Planning Polices Appropriately Reflected in Local Planning Scheme 50. Pursuant to Schedule 1, Part 2, Section 18, Subsection (5A) of the Integrated Planning Act 1997 (IPA), the Minister has identified the following SPP s as having been appropriately reflected in Planning Scheme: SPP 1/92: Development and the Conservation of Agricultural Land; SPP 1/02: Development in the Vicinity of Certain Airports and Aviation Facilities; SPP 2/02: Planning and Managing Development Involving Acid Sulfate Soils; and, SPP 1/03: Mitigating the Adverse Impacts of Flood, Bushfire and Landslide (for Bushfire and landslide only). 51. As the above SPP s has been appropriately reflected in the Planning Scheme, compliance with the Planning Scheme ensures compliance with the SPP. 8.2 Assessment of Applicable State Planning Policies 52. The relevant SPP s not adequately addressed by the Planning Scheme and that are applicable to the proposed development are discussed below.

23 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE SPP 1/03: Mitigating the Adverse Impacts of Flood, Bushfire and Landslide 53. This SPP was gazetted on 1 st September 2003 and sets out the State Government s interest in regard to natural hazards of flooding, bushfire and landslide, and how such matters are to be addressed when carrying out assessment of proposed development. The development outcomes sought by the policy are: Outcome 1: Within natural hazard management areas, development to which this SPP applies is compatible with the nature of the natural hazard12, except where: the development proposal is a development commitment13; or there is an overriding need for the development in the public interest and no other site is suitable and reasonably available for the proposal. Outcome 2: Development that is not compatible with the nature of the natural hazard but is otherwise consistent with Outcome 1: minimises as far as practicable the adverse impacts from natural hazards; and does not result in an unacceptable risk18 to people or property. Outcome 3: Wherever practicable, community infrastructure to which this SPP applies is located and designed to function effectively during and immediately after natural hazard events commensurate with a specified level of risk. Outcome 4: Natural hazard management areas are identified in the planning scheme. Outcome 5: The planning scheme contains planning strategies that aim to: ensure that development in natural hazard management areas is compatible with the nature of the natural hazard; minimise the impacts from natural hazards on existing developed areas; and prevent development from materially increasing the extent or the severity of natural hazards. Outcome 6: The planning scheme measures: a) include a code(s) designed to achieve development outcomes consistent with Section 6; and b) ensure that development to which this SPP applies is assessable or self-assessable against that planning scheme code(s). The planning scheme, or planning scheme policy(s), specifies the information expected to be submitted with development applications subject to the code(s). 54. Annex 1.2 of the State Planning Policy 1 / 03 Mitigating the Adverse Impacts of Flood, Bushfire and Landslide, identifies works of an electricity entity under the Electrical Safety Act 2002 as

24 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 18 community infrastructure, which provide services vital to the wellbeing of the community. When assessing Development Applications or designating land for community infrastructure, the assessment manager must have regard to Outcome 3, which states: Wherever practicable, community infrastructure to which this SPP applies is located and designed to function effectively during and immediately after natural hazard events commensurate with a specified level of risk. 55. Appendix 9 of the SPP Guideline includes the following Specific Outcomes as measures for achieving Outcome 3: Specific Outcomes Solutions 1. The community infrastructure is able to function effectively during and immediately after flood events. Specific Outcomes Solutions 1.1 Community infrastructure development is not located in an area that has been identified by flood hazard mapping as being below the Recommended Flood Level (RFL) specified for that community infrastructure; Recommended Flood Levels for Community Infrastructure Type of Community Infrastructure Flood Levels Substations 0.5% AEP Works of an electricity entity not otherwise listed in this table No specific recommended flood level but development proponents should ensure that the infrastructure is optimally located and designed to achieve suitable levels of service, having regard to the processes and policies of the administering government agency. or 1.2 The community infrastructure is located below the RFL but can function effectively during and immediately after the RFL event; and 1.3 Essential community infrastructure (emergency services and shelters, police facilities and hospitals and

25 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 19 associated facilities) has an emergency rescue area above the RFL. 2. The community infrastructure is able to function effectively during and immediately after bushfire events. 2.1 The community infrastructure is not located in a natural hazard management area (bushfire); or 2.2 The community infrastructure is located on land that is not subject to High or Medium bushfire hazard; or 2.3 The community infrastructure will not involve any new building work other than a minor extension (<20m2 gross floor area) to an existing building. 3. The community infrastructure is able to function effectively during and immediately after landslide events. 3.1 Community infrastructure is not located in a natural hazard management area (landslide); or 3.2 The community infrastructure development: a. does not result in any new building work other than an addition to an existing building; b. does not involve vegetation clearing; and c. does not alter ground levels or stormwater conditions; or 3.3 The development includes measures that ensure: a. the long term stability of the site; b. access to the site will not be impeded by a landslide event; and c. the community infrastructure will not be adversely affected by landslides originating on sloping land above the site. 56. It is understood that Ergon Energy designs infrastructure generally to withstand and manage any potential natural hazards including bushfire, landslip and flooding. The proposed Dartmouth Street Substation is considered to comply with the development outcomes of SPP 1/03 as well as outcome 3 relating to the development of community infrastructure. Overall the proposed development is not in conflict with the policy as: The community infrastructure is able to function effectively during and immediately after flood events. A Q 200 flood assessment was undertaken for the substation Site. Results indicate that the lowest point of the substation Site is approximately 2.4m above the 200-year ARI flood level (i.e. approximately 8.20 m AHD) and it is unlikely that 200- year ARI localised flooding will affect the site or the proposed development. The community infrastructure is able to function effectively during and immediately after landslide events. The substation Site is situated on flat to gently sloping ground and is not located within a natural hazard management area (landslide).

26 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 20 The proposed substation Site is situated within a Low Bushfire Hazard area as identified by the Hervey Bay City Planning Scheme Map (2006). All proposed infrastructure is designed to withstand and function effectively during and immediately after bushfire events. As per the Hervey Bay City Planning Scheme 2006, bushfire hazards are not a planning or development constraint. 57. Appendix 9 of the SPP Guideline includes Specific Outcomes and Solutions as measures for achieving Outcome 3. The proposed substation is considered to comply with the Solutions for Outcome 3 of SPP 1/03 with regard to flood, bushfire and landslide as proposed infrastructure is designed to withstand and function effectively during and immediately after such events SPP 1/07 Housing and Residential Development including Guideline 58. This SPP is not applicable to the proposed Dartmouth Street Electricity Substation. This SPP seeks to ensure that planning schemes for higher growth local government areas make provision for a wide range of housing choice, on the basis of identified existing and future housing need, and in turn increase opportunities for the delivery of housing diversity. The SPP is not a matter for consideration in the assessment of development applications, or applications for the designation of land for community infrastructure. The SPP only applies to the preparation of a new planning scheme and amendment of an existing scheme (including an amendment as a result of a regional planning process) SPP 2/07 Protection of Extractive Resources 59. This SPP identifies extractive resources of State or regional significance, where extractive industry development is appropriate in principle, and seeks to maintain the long-term availability of such resources by protecting these resources and their main transport routes from incompatible land uses. 60. The intent of the SPP is for existing key extractive resource areas to be identified, and local governments to incorporate appropriate controls within their Planning Schemes to ensure these resources are protected from the encroachment of incompatible land uses. 61. The project area is not located within close proximity to any State or regional significant extractive industry or Key Resource Areas, and therefore this SPP is not applicable SPP 1/09 Reconfiguration of a Lot Code for Land in Indigenous Local Government Areas to which a Local Planning Scheme does not apply 62. This SPP was adopted on 10 November 2009 and provides a code for the assessment of development applications for reconfiguring a lot and any associated operational works for the purposes of private residential housing and ancillary development within Indigenous local government areas, which do not have a local planning scheme. The SPP seeks to ensure that private residential housing under the National Partnership Agreement on Remote Indigenous Housing is planned, designed, constructed and operated to ensure adequate connection to related infrastructure (connection and supply of power, drinking water and sewerage to permanent dwellings).

27 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE The proposed Dartmouth Street Electricity Substation project does not involve private residential housing and / or ancillary development within Indigenous local government areas, hence this SPP is not applicable SPP 2/10 Koala Conservation in South East Queensland 64. This SPP applies to the seven eastern local government areas of South East Queensland: Sunshine Coast Regional Council, Moreton Bay Regional Council, Brisbane City Council, Redland City Council, Ipswich City Council, Logan City Council and Gold Coast City Council. The SPP complements the South East Queensland Koala Conservation State Planning Regulatory Provision by guiding future local government planning scheme amendments, and land use planning decisions through Structure Plans, Master Plans, Local Area Plans, Community Infrastructure Designations and Biodiversity Development Offset Areas. A key goal of the SPP is to maintain the viability of all major koala populations across the region by increasing the size of their essential habitat. 65. The subject site is not located within any of the abovementioned local government areas and therefore the proposed infrastructure is not required to be assessed against SPP 2/ SPP 3/10 Acceleration of Compliance Assessment 66. This SPP 3/10 took effect on 3 December 2010 and applies to assessing requests for compliance assessment for development that involves reconfiguring a lot and associated operational works under Schedule 18 of the Sustainable Planning Regulation Requests for the assessment of development under this instrument are made to the Local Government which will assess the request against the code in the schedule. 67. The proposed electrical infrastructure does not involve the reconfiguring of a lot, which requires compliance assessment; hence this SPP is not applicable SPP 4/10 Healthy Waters The SPP for Healthy Waters is intended to ensure that development is planned, designed, constructed, and operated to manage stormwater and waste water in ways that protects water environmental values specified in the Environmental Protection (Water) Policy 1997 and its 2009 replacement (EPP (Water)). The SPP sets out planning requirements and development assessment criteria intended to ensure development is carried out in ways that achieves the water quality objectives of the EPP (Water). 69. The SPP applies to: The stormwater water quality management of development proposals that comprise at least six lots or dwellings; The waste water management of development for urban purposes if discharging waste water for discharging waste water to a waterway; and, Planning at all scales, including new green field urban areas as well as infilling and redevelopment of existing built-up areas.

28 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE This SPP is relevant when local planning instruments are made or amended, when development applications are assessed, and when land is designated for community infrastructure. When designating land for community infrastructure, a Minister or local government is to consider the development outcomes set out in Section 4 of the SPP. 71. The SPP outcomes are achieved when development to which the Policy applies does the following in accordance with the assessment code in Appendix 1 of the SPP. a. avoids and minimises development impacts arising from altered stormwater quality and flow by providing for development and construction activities in accordance with acceptable design objectives. b. avoids and minimises development impacts of waste water other than contaminated stormwater. c. avoids and minimises development impacts arising from the creation or expansion of non-tidal artificial waterways such as urban lakes. 72. It is considered that the proposed electricity infrastructure project can be designed and constructed to ensure that compliance with the SPP is achieved. Given the relatively small development footprint and impervious area of the substation Site, it is considered that a Site Based Stormwater Management Plan (SBSMP), included at the design stage of the Project, is appropriate to address compliance with these objectives and Ergon Energy is committed to implementing the SBSMP at the design stage of the Project. Refer to the IAR prepared by GHD for further details SPP 5/10 Air, Noise and Hazardous Materials 73. This SPP seeks to ensure that local planning instruments, structure plans and masterplans protect the health, wellbeing, amenity and safety of communities and individuals from the impacts of noise and odour emissions, and from the impacts of hazardous materials. The SPP will strategically plan and manage the interface between land zoned for industry and land zoned for sensitive land uses to support and protect industrial land uses in appropriate locations. 74. Given the proposal does not involve the establishment of a sensitive land use or intensive industry, and is not located within a Management Area, as identified in the SPP, the SPP is not applicable Temporary SPP 2/11 Planning for Stronger, More Resilient Floodplains 75. The Queensland Reconstruction Authority undertook consultation for the Temporary SPP (TSPP) for up till the 11 November 2011, with the TSPP coming into force on 14 November In addition to the TSPP, a guideline document has been published entitled Planning for stronger, more resilient floodplains: Part 1 - Interim measures to support floodplain management in existing planning schemes. As part of the long term plan by the State government intended to increase the resilience of development in floodplains, the TSPP and Guideline Part 1 have the effect of:

29 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 23 suspending the operation of paragraphs A3.1 and A3.2 of Annex 3 of State Planning Policy 1/03 Mitigating the Adverse Impacts of Flood, Bushfire and Landslide which provide how Natural Hazard Management Areas for flooding are determined; providing a Floodplain Assessment Overlay Map and an Interim Floodplain Assessment Overlay Code for incorporation into the planning schemes of participating local governments; redefining Natural Hazard Management Area for flooding to include areas identified on the Floodplain Assessment Overlay Map. 76. The subject site is not included within the Interim Floodplain Assessment Overlay, as shown below in Figure 5. As previously discussed and as discussed with the IAR prepared by GHD, the proposed infrastructure is designed to withstand and manage any potential natural hazards including flooding. 77. The Temporary SPP aims to inform local Councils and has no further requirements for the Project. Figure 5 Interim Floodplain Assessment Overlay, Burrum River Sub-basin, 2001 V1.0

30 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE SPP3/11 Coastal Protection (Queensland Coastal Plan) 78. The State government has recently approved the Queensland Coastal Plan (coastal plan), with it set to commence in early It has been developed in response to a statutory review of the existing State Coastal Management Plan in , with consideration given to submissions received during the public consultation of the Draft Queensland Coastal Plan, released in August The Queensland Coastal Plan (incorporating SPP3/11) supersedes the regional coastal management plans (RCMPs). The coastal plan will apply to the coastal zone as indicated by maps that accompany the plan. The plan has two (2) parts: the State Policy for Coastal Management, containing policies and guidance for coastal land managers on managing and maintaining coastal land; and the State Planning Policy for Coastal Protection (SPP3/11), for planning and assessment decisions made under the Sustainable Planning Act The subject site is located within the coastal zone, but it located outside of the coastal management district and therefore is not subject to this SPP.

31

32

33

34 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE SPP 4/11 Protecting wetlands of high ecological significance in Great Barrier Reef catchments 80. This SPP took effect on 25 November 2011 and replaces Temporary State Planning Policy 1/10: Protecting Wetlands of High Ecological Significance in Great Barrier and the draft State Planning Policy: Protecting Wetlands of High Ecological Significance in Great Barrier Reef Catchments (draft SPP), which was available for public consultation between 10 December 2010 and 28 April This temporary SPP came into effect on 2 May 2010 and seeks to ensure that development in or adjacent to wetlands of high ecological significance in the Great Barrier Reef catchment area is planned, designed, constructed and operated in a way to prevent the loss or degradation of wetlands and their values, or enhances these values, in particular, the hydrological regime and ecological values of those wetlands. This SPP is not applicable to the proposed Dartmouth Street electricity substation project, as the project area is not located within the Great Barrier Reef wetland protection area SPP 1/12 Protection of Queensland's Strategic Cropping Land 82. This SPP commenced on 30 January 2012 and is part of the Queensland Government s planning policy and development assessment framework for protecting strategic cropping land (SCL). SPP 1/12 is part of the overall legislative and planning framework, established under the Strategic Cropping Land Act 2011, to protect SCL from developments that lead to permanent impacts or diminished productivity. The SPP has been developed to ensure that planning and development assessment under local government planning schemes includes appropriate consideration of SCL. 83. The SPP trigger maps display the boundaries of the relevant zones and the protection areas that form part of the SCL policy. Trigger mapping indicates that the substation site is not located on potential SCL. Section 2.10 of this policy states that the SPP does not apply to the construction or maintenance of a transmission grid or supply network under the Electricity Act The proposed substation is considered and essential part of the electricity supply network and as such this policy is not applicable to the project.

35

36 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 30 9 Other State and Regional Planning Considerations 9.1 Nature Conservation (Koala) Conservation Plan The Nature Conservation (Koala) Conservation Plan 2006 and Management Program commenced on 2 October 2006 and replaced the SEQ Regional Plan Interim Guideline - Koalas and Development. Koala management in Queensland has been identified as a priority planning requirement and the State has been divided into Koala Districts A, B and C. District A is the only district further divided into areas of koala habitat. These include the Koala Conservation Area, Koala Sustainability Area or Urban Koala Area. 85. The Hervey Bay area is included within the Koala District B, which comprises 18 local government areas (prior to the local government amalgamations in 2008) where koalas are listed as vulnerable. Although there is evidence of decline in this district, koalas are classified as of least concern wildlife under the Nature Conservation Act due to a generally lower perceived threat to their survival. 86. It is noted that the Nature Conservation (Koala) Conservation Plan 2006 and Management Program , in relation to planning and development assessment, have been replaced by the South East Queensland Koala Conservation State Planning Regulatory Provisions and the State Planning Policy 2/10 Koala Conservation in South East Queensland. Other elements of the plan, such as policies relating to sequential clearing, use of a koala spotter, the rehabilitation of injured or sick koalas and translocation remain in place. 87. The Nature Conservation (Koala) Conservation Plan 2006 and Management Program are not relevant to the assessment of the development. Nonetheless, some management measures outlined may be applicable to works at an operational level.

37 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE Local Planning Instrument Hervey Bay City Council Planning Scheme 88. The subject site is located within the Fraser Coast Regional Council municipality, and subject to the provisions of the IPA compliant Hervey Bay City Council Planning Scheme 2006 as amended 14 October 2011 (hereafter; Planning Scheme ). The provisions of the Planning Scheme relevant to the proposed Dartmouth Street Electricity Substation are detailed and addressed below Planning Scheme Structure 89. The structure of the Planning Scheme is as follows: Part 1 Administration o Interpretation Part 2 Strategic Framework o Strategic Framework o Desired Environmental Outcomes & Strategies Part 3 Assessment Requirements o Table of Assessment Categories and Assessment Criteria for Zones o Table of Assessment Categories and Assessment Criteria for Overlays Part 4 Development Requirements o Locality Codes o Specific Use Codes o Other Codes Part 5 Schedules Policies 90. The Planning Scheme establishes the framework for managing development in a way that advances the purposes of the IPA, the state legislation under which the planning scheme was written, by a) identifying assessable and self-assessable development; and b) identifying outcomes sought to be achieved in the local government area as the context for assessing development. 91. Overall, the planning scheme seeks to achieve a number of outcomes that are identified in the following sections of the planning scheme: (a) desired environmental outcomes (DEO s); (b) overall outcomes for the Locality (the purpose of the Locality Code); (c) overall outcomes for the purpose of a code; (d) performance criteria for a code; and, (e) the acceptable solution/s for a performance criteria. 92. Each of the relevant parts outlined above, have been addressed below to demonstrate the proposed Dartmouth Street Electricity Substations compliance with the Planning Scheme.

38 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE Part 1 Administration 93. This part outlines the details associated with the Planning Scheme s adoption, commencement, amendments and relationship to State Planning Policies. Part 1 also outlines the purpose of the Planning Scheme, structure of the Planning Scheme, its relationship to the Integrated Planning Act 1997, the Planning Scheme Approach to assess proposed development and the Administrative Terms and Use Definitions used throughout the Planning Scheme. 94. Section 4.1 and 4.2 of Part 1 provides explanatory information to help in the interpretation of the Planning Scheme, and provides definitions of particular words used in this planning scheme for both administrative terms and land uses. 95. The Land use definitions that are detailed in the planning scheme are broken up into six (6) categories, being: Rural Uses Residential Uses Commercial uses Industrial Uses Community Uses Other Development 96. The proposed development, consisting of an Electricity Substation is best defined in the Planning Scheme as a Utility, defined as follows: Utility means the use of premises for any undertaking for the supply of water, hydraulic power, electricity or gas or for the provision of telephone, sewerage, drainage, refuse collection and disposal, transport service, and emergency service. The term does not include a Minor Public Utility as separately defined Part 2 Strategic Framework 97. Part 2 outlines the broad planning outcomes for the City and details the approach taken by the planning scheme to achieve these. The Strategic Framework outlines the broad vision and the development intent for the City. The overall intent of the City is appropriately reflected in the planning provisions outlined within the remainder of the Planning Scheme. 98. The Strategic Framework includes a number of City wide Desired Environmental Outcomes (DEOs), which provides the basis for the assessment of Impact Assessable development, along with the relevant provisions outlined in the planning scheme. These provisions define what is an acceptable outcome in terms of how any future development impacts on the strategies and intent outlined in the Planning Scheme. 99. The DEOs are established on the principles of ecologically sustainable development, as defined in the IPA. Each DEO includes a number of strategies to achieve the relevant DEO, and are supported by a number of key planning measures, which provide an overview of the broad measures that are to be adopted and implemented in the assessment of all future development

39 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 33 to achieve the DEOs. The Planning Scheme includes six (6) DEOs under the following headings: Economic Development - Hervey Bay will continue to develop, reinforcing its role as a regional centre in the Wide Bay Region. The City will provide a wide range of activities to service community needs and provide opportunities for employment and economic development to support the rural, resource and tourism sectors. In so doing, development will contribute to the maintenance and strengthening of a strong and productive economy; Residential Development - Residential development achieves a balance between continuing growth and the enhancement of the local character, protection of heritage and natural values of the area, and the maintenance of Good Quality Agricultural Land. A variety of housing choice is available and residential areas have a high level of amenity, accessibility and are safe; Transport and Access - Land use and development will be structured around an efficient, sustainable and integrated transport and access system. Promotion of the City as an Access City will continue to be an important strategy of Council. Development will contribute positively toward ensuring the efficient, orderly and integrated use and expansion of the City s movement system (including air, land and water systems), thereby resulting in safe, non-discriminatory and convenient access and movement within and around the City; Open Space - Natural Environment and Cultural Heritage - Hervey Bay s natural resources, ecosystems, open spaces and cultural heritage are sustainably managed to create a framework around which the City will develop. Development does not compromise and endeavours to enhance the environmental values of the City (inclusive of the mainland, islands and waters of Hervey Bay and the Great Sandy Strait) and protects the unique scenic values and landscapes both within, and as backdrops, to the City. Places and features of significant environmental and cultural heritage value are preserved for future generations. Community Wellbeing - Development in the City provides for a quality lifestyle, community identity and pride, and provides a high level of safety, convenience and amenity for both residents and visitors; and, Infrastructure Provision - The City s population is provided with engineering, transport and community infrastructure, appropriate to each land use type. Existing infrastructure is utilised and operated in a safe and efficient manner (including roads, water and sewerage systems, energy supplies) and protected from inappropriate development. New and future infrastructure is provided in an efficient manner Each of the strategies and relevant Key Planning Measures for each DEO are examined further in Table 1 below.

40 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 34 Table 1 Desired Environmental Outcomes (DEOs) DESIRED ENVIRONMENTAL OUTCOME COMPLIANCE COMMENTS DEO No. 1 Economic Development Strategies a) diversification of the primary and secondary industry sectors; COMPLIES Approval of the proposed development will allow for diversification of the primary and secondary industry sectors in the Fraser Coast Region. b) protection and fostering of local employment and skills development areas; COMPLIES The proposed development will not impact on local employment opportunities. Development of the proposed substation will allow future development within the Central Business District, which in turn will bring about future employment opportunities in the region. c) diversification of tourism products on the basis of Hervey Bay s unique location, the sustainable use of the natural and historic and rural-based attributes, and the provision of a range of services and facilities which meet the needs of visitors to the region;. COMPLIES The proposed Electricity Substation will provide an essential service to the Fraser Coast Region, which will allow for the tourism industry to grow and take advantage of the regions natural features. d) reinforcing the retail and commercial hierarchy for the City;. COMPLIES The proposed Electricity Substation will provide essential services for future development in the Central Business District of Hervey Bay, which will allow for the retail and commercial hierarchy of the City to remain. e) maintenance and consolidation of the existing settlement hierarchy; COMPLIES The proposed Electricity Substation will help maintain the existing settlement hierarchy of the region. f) protection of extractive and mineral resources, Good Quality COMPLIES The proposed electricity infrastructure will ensure there

41 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 35 DESIRED ENVIRONMENTAL OUTCOME COMPLIANCE COMMENTS Agricultural Land, and other identified resources and to facilitate their sustainable use or winning Key Planning Measures a) Business and Industrial Development a) Existing commercial/retail and industrial centres are consolidated to optimise infrastructure and services efficiencies. b) Commercial/retail and industrial centres are developed in accordance with a hierarchy of Centres that i. enhance Hervey Bay s role as the principal regional service centre for the Wide Bay area. ii. best caters for the retail, commercial and community service needs of the existing and future population; and iii. facilitates Pialba as the future regional retail and commercial centre of Hervey Bay iv. ensures the expansion of existing neighbourhood centres to serve local catchments rather than the establishment of new centres. v. ensures the viability of existing Centres. c) Unplanned, new centres and industrial estates outside of the commercial and industrial zone areas are discouraged. d) Business and industrial zones enable compatible businesses to be established with minimal regulation. e) Business and industrial areas are able to develop and expand without intrusion from incompatible land uses. NOT APPLICABLE is no impact on any extractive and mineral resources, Good Quality Agricultural Land, and other identified resources. The proposed Electricity Substation is not for any form of Business and Industry development; however, approval of the proposed development will contribute to future business and industry development achieving these key planning measures.

42 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 36 DESIRED ENVIRONMENTAL OUTCOME COMPLIANCE COMMENTS f) Innovative developments in information technology, research and development, education and other sectors are established within the City centre. b) Residential and Rural Development a) The establishment of a variety of accommodation types will be favoured on the Esplanade close to the supporting commercial nodes, the townships of Burrum Heads and Toogoom and the Boat Harbour. b) Residential and Rural zones provide for the establishment of appropriate home-based businesses. c) Home-based businesses are encouraged, subject to performance limits. c) Tourist Development a) Key tourist attractions, accommodation and entertainment areas are identified. Tourism development and activities are encouraged to concentrate in identified nodes and near major tourist attractions. b) Tourism and associated residential, recreation, transport and entertainment facilities are accommodated and encouraged to expand in appropriate locations. c) The visual quality and valuable features of Hervey Bay, on which the tourism industry is based, are protected and enhanced. d) Areas of particular visual prominence and valuable features for tourism and recreation potential are identified and protected. e) Inland tourist accommodation development that provides an alternative to the usual seaside accommodation will be NOT APPLICABLE NOT APPLICABLE The proposed Electricity Substation is not for any form of Residential or Rural development. However, approval of the proposed development will assist future Residential or Rural Development achieving the key planning measures outlined for DEO 1 Economic Development by providing essential infrastructure to future developments. The proposed Electricity Substation is not for any form of Tourist Development; however, approval of the proposed development will assist any future Tourist Development to achieve the key planning measures outlined for DEO 1 Economic Development by providing essential infrastructure to future developments.

43 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 37 DESIRED ENVIRONMENTAL OUTCOME COMPLIANCE COMMENTS DEO No 2 Residential Development Key Strategies encouraged in appropriate locations and where there is a demonstrated need consistent with this DEO, including a particular attraction of significance to the City and/or major entry point. a) residential growth makes efficient use of public infrastructure, services and programs; COMPLIES The proposed Dartmouth Street Electricity Substation is not for any form of Residential development; however, it will provide essential infrastructure for the growth of the Central Business District of Hervey Bay. The establishment of this electricity substation will ease the loads currently place on the existing electricity network and will allow for an improved supply of electricity to existing and future residential development. b) a variety of housing choices are provided in terms of density, style, location and affordability; c) residential design achieves high standards of amenity, ecological sustainability and equity of access; d) the impacts of residential development on the natural environment are minimised; e) the impacts of natural hazards on residential development are minimized; and NOT APPLICABLE NOT APPLICABLE NOT APPLICABLE The proposed Electricity Substation is not for any form of Residential development. The proposed Electricity Substation is not for any form of Residential development. The proposed Electricity Substation is not for any form of Residential development. COMPLIES The establishment of the proposed Electricity Substation will not result in any increase in potential natural hazards impacts on residential development located in the surrounding neighborhood. f) Good Quality Agricultural Land is protected from incompatible COMPLIES The proposed Electricity Substation is located in an

44 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 38 DESIRED ENVIRONMENTAL OUTCOME COMPLIANCE COMMENTS development. urban area and will not impact on any known Good Quality Agricultural Land. Key Planning Measures a) Land Use a) All future residential development occurs within the urban areas (all residential zones excluding Rural and Rural Residential) and the Emerging Community areas identified in the Planning Scheme. b) A variety of lot sizes are provided within residential neighbourhoods in order to create housing choice and reduce the need for people to relocate to different parts of the City when changing house type. c) New rural residential development opportunities do not unduly constrain future urban expansion needs or compromise the functional use of rural land and consolidate already fragmented rural residential areas. b) Amenity a) Residential development provides an interesting and attractive residential design, considers the concept of sustainable housing and the design of residential areas and public spaces will be required to demonstrate the incorporation of crime prevention principles. b) Infill residential development provides an appropriate residential amenity. c) Non-residential development in residential areas demonstrates compatibility with the identified residential amenity of the locality, in both the short and the long term. NOT APPLICABLE COMPLIES The proposed Electricity Substation is not for any form of Residential development. The proposed Electricity Substation will be designed in way that the amenity of the neighboring residential development is protected. The use of vegetation buffers along the boundaries of the subject site and the inclusion of significant setbacks in the design will help protect the amenity of the adjoining properties located along Dartmouth Street and surrounding areas.

45 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 39 DESIRED ENVIRONMENTAL OUTCOME COMPLIANCE COMMENTS d) Buffers are provided between non-residential development which adjoins existing residential areas to protect the existing levels of adjoining residential amenity. e) Home-based employment is encouraged where residential amenity is not compromised. c) Environment & Natural Hazards a) Areas of significant vegetation and important ecological values are protected and retained. b) Consideration of the risks associated with Natural Hazards is undertaken in residential development subject to Natural Hazards. c) Residential development adjoining GQAL provides for an appropriate relationship and interface with the rural use. Such relationship may include the provision of buffers or separation distances or other measures where appropriate. DEO No 3 Transport & Access Key Strategies COMPLIES The proposed Dartmouth Street Electricity Substation will have minimal impact on the natural features of the subject site. Further details in regard to the environmental values of the site are outlined in the IAR prepared by GHD. a) consolidating development in and around existing centres; COMPLIES The proposed Dartmouth Street Electricity Substation will provide essential infrastructure in an established urban area, contributing to further consolidation of the development. b) containing urban expansion and encouraging infill development; COMPLIES The proposed Electricity Substation supports the containment of development within existing urban areas. c) encouraging street connectivity, which supports walking, cycling and the efficient and effective provision of bus services; NOT APPLICABLE The proposed development does not involve the establishment of new streets or pathways and will not

46 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 40 DESIRED ENVIRONMENTAL OUTCOME COMPLIANCE COMMENTS d) identifying the differing land use and transport requirements of rural areas in order to preserve the amenity of those locations; NOT APPLICABLE impact on existing connectivity in the surrounding area. The proposed Dartmouth Street Electricity Substation is located within an established urban area. e) the function of transport corridors are protected; COMPLIES The proposed development will not adversely impact on the function of existing or proposed transport corridors. f) transport impacts arising from development and other land use planning initiatives are considered and managed; and g) appropriate infrastructure is provided to support and encourage walking & cycling and actively promote these modes of transport. Key Planning Measures COMPLIES NOT APPLICABLE The proposed Electricity Substation has been designed to ensure there are no impacts on the surrounding road network. The proposed development does not provide new infrastructure or pathways. a) Neighbourhood design improves the quality of the transport environment by ensuring development is complementary to the adjacent transport function. b) New employment, health, educational and shopping facilities are centrally located to support access by public transport, walking and cycling. c) Promote cycling, walking and public transport use within and between major centres through the promotion of compact land use patterns and the appropriate allocation of residential densities around identified centres. d) Land use development in the vicinity of airports is controlled in accordance with the State requirements so as not to impact on the operation of the airport. DEO No 4 Open Space, Natural Environment & Cultural Heritage Strategies COMPLIES The proposed Dartmouth Street Electricity Substation will have no negative impacts on existing or future transport infrastructure and will contribute to the containment of new urban development within established urban areas.

47 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 41 DESIRED ENVIRONMENTAL OUTCOME COMPLIANCE COMMENTS a) open space areas create the framework for the City s future growth and create pedestrian and bicycle links between conservation areas, parks and major public facilities; b) the open space system protects and enhances the City s waterways and floodplain management systems, and be used to improve water quality; c) the effects of development and land use on the natural environment are sustainably managed; d) flora, fauna and natural habitat are protected and enhanced to ensure the long term viability of such areas; and NOT APPLICABLE NOT APPLICABLE COMPLIES The proposed development does not impact on the provision of open space networks. The proposed development does not impact on the provision of open space networks, nor will it impact on any existing waterways or floodplain areas. The proposed development will be developed in accordance with an Environmental Management Plan (EMP) to ensure environmental features and values are protected and not adversely impacted upon by the proposal. COMPLIES No remnant vegetation, high value regrowth or essential habitat is present within or adjacent to the Project area. No flora or fauna species of conservation significance were recorded during the Site assessment. e) places of Indigenous Cultural Heritage, Post European Heritage and Character that may have historical, architectural, anthropological or archaeological value to the past, present and future residents and visitors to the City are conserved. COMPLIES A search of the Cultural Heritage Database and Register (refer to IAR prepared by GHD) held by the DNRM did not identify any matters of cultural heritage values/items recorded within the vicinity (100 m search buffer) of the proposed substation Site. Ergon is responsible for taking reasonable and practical measures to ensure they meet the duty of care established under the Aboriginal Cultural Heritage Act 2003 and the Qld Heritage Act Ergon has

48 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 42 DESIRED ENVIRONMENTAL OUTCOME COMPLIANCE COMMENTS implemented a cultural heritage management system which comprises of assessment processes, staff training and support resources to ensure the avoidance of harm and management of cultural heritage is integrated into Ergon Energy s certified Health, Safety and Environment Integrated Management System. This project has been assessed as a Category 4 activity (This area has previously been subjected to significant ground disturbance) under the DERM Duty of Care guidelines. In the event of a find during construction the Cultural Heritage Discovery Process ES000906R (Find, Stop, Notify; Manage) must be adhered to. Key Planning Measures a) Facilitate development that complements rather than conflicts with natural features of the City. b) Ensure development that is sustainable and incorporates measures by which to minimise/mitigate environmental impacts. c) Facilitate consolidation of growth in order to promote the efficiency and environmental protection particularly water resources. COMPLIES The proposed Dartmouth Street Electricity Substation has been designed to ensure existing natural features are not compromised by its establishments.

49 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 43 DESIRED ENVIRONMENTAL OUTCOME COMPLIANCE COMMENTS d) Identify and protect places of cultural, heritage or historical significance for aesthetic and identity purposes. e) Provide a balanced range of recreational, sporting opportunities and natural environments to meet community needs. f) Provide high quality, useable parks and recreation facilities that are diverse in terms of type, size and function. g) Planning and design of public areas incorporates safe pedestrian access, lighting, and crime prevention through environmental design. h) Residential design provisions establish guidelines for new development to protect identified urban character in key locations. DEO No 5 Community Wellbeing Strategies a) all communities within the City enjoy a high level of amenity, safety and convenience; COMPLIES The proposed development will contribute to the provision of efficient and reliable electricity infrastructure within the Hervey Bay region, whilst ensuring that the development does not compromise a high level of community amenity, safety and convenience. b) new development takes account of Natural Hazards; COMPLIES The proposed development will be designed, constructed and maintained to ensure the proposal has regard to potential natural hazards. c) community identity is recognised and protected; COMPLIES The proposed Dartmouth Street Electricity Substation will not impact on the identity and character of existing

50 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 44 DESIRED ENVIRONMENTAL OUTCOME COMPLIANCE COMMENTS communities. d) social impact assessment is undertaken for major developments; and NOT APPLICABLE A social impact assessment is not required as part of the proposed development. Consultation is a major part of the Ministerial Designation process and the consultation process is to be undertaken in conjunction with stakeholders. Refer to the IAR prepared by GHD for further details on the consultation process. e) communities are allowed equitable and appropriate access to a full range of social infrastructure. Key Planning Measures a) Future urban development is generally intended within the existing urban area. b) Development promotes the protection and enhancement of streetscapes, public buildings, open space and the foreshore which contribute to distinctive local character. c) Ensure developments provide safe, accessible and attractive spaces that foster social interaction and cultural activity. d) Provisions of facilities which promote constructive leisure opportunities are encouraged. e) Equitable access to the built environment, natural environment, social f) infrastructure and open space is to be achieved. g) A social impact assessment will be required for major developments NOT APPLICABLE COMPLIES The proposed development will not adversely impact on the community s ability to access a full range of social infrastructure and facilities. The proposed Electricity Substation is to be developed in an established urban area and will ensure the provision of reliable electricity infrastructure is maintained in the area. The development has been design to be responsive and sensitive to the nature of the surrounding land uses, through the inclusion of appropriate setbacks to boundaries, landscaped buffers and sensitive built forms. The surrounding community will be benefited by the establishment of the proposed substation through better reliability in electricity services.

51 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 45 DESIRED ENVIRONMENTAL OUTCOME COMPLIANCE COMMENTS h) including retail centres, commercial recreation facilities, industrial uses, i) large residential developments, high density housing, and other uses which may have social impacts. DEO No 6 Infrastructure Provision Strategies a) development makes efficient use of public infrastructure, services and programs as set out in Council s Priority Infrastructure Plan; b) development only occurs consistent with efficient provision of infrastructure and sequencing; c) new development will contribute towards the provision of infrastructure as set out in Council s Infrastructure Charges Plan; and COMPLIES COMPLIES COMPLIES The proposed Dartmouth Street Electricity Substation will provide essential infrastructure to the surrounding community, and will not impact on the existing infrastructure located in the surrounding area, which currently services the surrounding residential development. As part of the proposed Electricity Substation the efficient provision of infrastructure in the surrounding area will not be impacted upon. The proposed Electricity Substation is capable of providing essential infrastructure required to service the surrounding area, in accordance with Council s Infrastructure Charges Plan. d) the servicing costs of running the City are minimised. COMPLIES The inclusion of the proposed Electricity Substation in Dartmouth Street, will assist in the reducing the future running costs of the City. Key Planning Measures a) Future expansion of the City focuses on infill development and expansion in preferred urban areas as depicted within the Locality Plans and the Emerging Community Zone. COMPLIES The proposed Dartmouth Street Electricity Substation will assist in the future expansion of the City s urban area by providing essential infrastructure.

52 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 46 DESIRED ENVIRONMENTAL OUTCOME COMPLIANCE COMMENTS b) Infill residential development is capable of being serviced. c) New development is consistent with and contributes towards the provision of infrastructure as set out in Council s Infrastructure Charges Plan. d) Infrastructure charging mechanisms ensure that the real public cost of out of sequence development is recovered.

53 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE Part 3 Assessment Requirements 101. As outlined previously in this report, the Planning Scheme divides the City into four (4) localities, with each identifying a particular character or characteristics that require particular development outcomes. The four (4) localities are identified on the Planning Scheme Maps and are known as follows: (a) Urban Locality; (b) Coastal Township Locality; (c) Rural Locality; and (d) Fraser Island Locality The above localities are then divided into a number of Zones, in order to specify more detailed development outcomes and assessment criteria applicable specifically to a particular part of the locality. The proposed Dartmouth Street Electricity Substation is located within the Urban Locality, which is divided into 16 zones that cover the entire locality. The zones are as follows: Pialba Business Zone; Business Zone; Mixed Use Zone; Neighbourhood Business Zone; High Density Residential Zone; Medium Density Residential Zone; Low Density Residential Zone; Park Residential Zone; Emerging Community Zone; Industry Zone; Services/Trade Zone; Rural Residential Zone; Special Purposes Zone; Open Space Zone; Conservation Zone; and Particular Development Zone The subject site is located within the Low Density Residential Zone of the Urban Locality, as shown in Figure 9. The overall outcomes for the Low Density Residential Zone in the Urban Locality is as follows: a) Residential neighbourhoods are low density in scale and design and are primarily a single Detached Dwelling on one lot. b) Residential neighbourhoods are located close to the services and community facilities and provide a high standard of residential amenity. c) The scale and density of development is consistent with the existing character of the neighbourhood or where in a newly developing area provides a low density residential character.

54 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE 48 d) Accommodation density must be low to maintain a suburban residential environment comprising predominately detached dwellings. e) Services and facilities that support the local community are provided in suitable locations. f) Development is provided with an appropriate level of infrastructure which does not compromise the environmental values of the locality. g) Non-residential development which supports the immediate community must be located appropriately and designed to maintain the amenity for adjoining residential development. These facilities include minor shopping facilities (eg. local shops), medical centres, churches, child care centres and home based businesses As indicated in the abovementioned overall outcomes for the Low Density Residential Zone in the Urban Locality, the Planning Scheme allows for residential land uses to be developed within this zone, along with non residential land uses that support the immediate community. All non residential development must be designed in a way that does not impact on the amenity or character of the surrounding residential development and is to include all essential services. The development of the proposed electricity substation will not compromise the overall outcomes for the Low Density Residential Zone in the Urban Locality, as it will provide additional electricity infrastructure to the surrounding area without compromising the amenity or character of the surrounding residential area. The appropriate use of landscaping buffers and setbacks, and a sensitive design that ensures the development will not have a negative impact surrounding land uses. Further details of the proposal s compliance with the above overall outcomes are detailed in section 10.5 of this town planning report Each locality and overlay areas (section 10.4 of this report) includes separate assessment tables that identify development that is assessable, self-assessable or exempt, and specify the applicable codes. There are individual Planning Scheme codes (section 10.5 of this report) for: (a) each Locality (b) each Overlay; (c) development for a stated purpose or development of a stated type; and, (d) general Codes According to Part 3, section Low Density Residential Zone, Making Material Change of Use assessment table, a Material Change of Use for a Utility is Impact Assessable development Impact Assessable development is to be assessed against the entire planning scheme including the DEOs for the City, the purposes and requirements for the particular zone and the relevant codes. Any acceptable solutions provided in the code demonstrates one way the performance criteria and purpose of the code may be met. Applications that include alternative solutions should demonstrate how the performance criteria are to be met.

55

56 DARTMOUTH STREET ELECTRICITY SUBSTATION PAGE Part 8 Overlays 108. The Planning Scheme includes nine (9) overlay areas, which provides for additional assessment criteria where development is proposed within areas subject to particular issues, features or constraints. The overlays included within the planning scheme are as follows: (i) Acid Sulphate Soils Overlay (ii) Airport Environs Overlay (iii) Bushfire Hazard Overlay; (iv) Cultural Heritage Overlay; (v) Extractive and Mineral Resource Overlay; (vi) Odour Impact Overlay; (vii) Natural Areas Overlay; (viii) Wetlands and Waterways Overlay; and, (ix) Noise Impact Overlay The following Overlays outlined within Table 2 apply to the project area, and need to be considered in assessing the proposed development against the Planning Scheme. Table 2 Planning Scheme Overlays HERVEY BAY CITY COUNCIL PLANNING SCHEME OVERLAYS TRIGGERED LEVEL OF ASSESSMENT APPLICABLE CODE Acid Sulphate Soils YES (20m AHD Potential Acid Sulfate Soils) Code Assessable Acid Sulphate Soils Code Airport Environs YES (Operational Airspace) Self Assessable (if proposed development is less than 12 metres in height) Airport Environs Overlay Code (acceptable solutions AS1.1 - AS1.9 inclusive and AS2.1) Bushfire Hazard Area NO N/A N/A Cultural Heritage NO N/A N/A Extractive and Mineral Resources NO N/A N/A Natural Areas NO N/A N/A Noise Impact NO N/A N/A Odour Impact NO N/A N/A Wetlands and Waterways NO N/A N/A

57

58