Wyndham council’s planning committee will tonight consider an application to amend planning permit to allow the use and development of the land for a landfill gas-to-energy system at the tip in Wests Road, Werribee
The meeting, to be held at 7pm, will be streamed live for members of the public to watch on YouTube.
The planning permit to be considered, which was received by the council in July, currently allows “the use and development of the land for a landfill gas-to-energy system” at the tip.
It is proposed to be amended to include data centres which will be powered by the renewable electricity produced on site.
The proposal features a total of six data centre modules which are to be constructed over two stages. The proposal would be the first bio-energy powered data centre in Australia.
The application requires consideration at the planning committee meeting as the proposal is located on council land.
The application was advertised to adjoining owners and occupiers of the tip, and the wider public in accordance with Section 52 of the Planning and Environment Act 1987, and no objections have been received to date.
The application was also referred to the council’s Strategic Property Management Department, Environment Department, Council’s Urban Futures Department and to the Environment Protection Authority (EPA), all of whom have not raised any objections to the proposal.
The EPA did suggest that potential landfill gas risks be considered and a new permit condition has therefore recommended, which will require the applicant to undertake a landfill gas risk assessment.
Although the council’s planning committee will vote on the planning permit application at tonight’s meeting, a report from council officers recommends the
The proposal is considered to be appropriate for support and it is recommended the amended planning permit subject to conditions (as taken from tonight’s council meeting agenda):
Conditions
1. The development and/or use(s) permitted by this permit as shown on the endorsed plan(s) and/or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the Responsible Authority.
2. Once the system is operational the owner/occupier shall conduct air emission testing to determine actual air emissions from the operation. This should be undertaken in accordance with EPA Publication “A Guide to the Sampling and Analysis of Air Emissions”. In the event that greater than 100 kg per day of nitrogen oxides or greater than 500 kg per day of carbon monoxide is emitted to the atmosphere then the owner/occupier will need to inform the EPA of this.
3. The use permitted by this permit must not, in the opinion of the Responsible Authority, adversely affect the amenity of the locality by reason of the processes carried on; the transportation of materials, goods or commodities to or from the subject land; the appearance of any buildings, works or materials; the emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, dust, waste water, waste products, grit, or oil; the presence of vermin, or otherwise.
4. The use permitted by this permit must not, in the opinion of the Responsible Authority, adversely affect the amenity of the locality.
5. Noise emissions must comply with State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1.
6. All activities associated with the construction of the development permitted by this permit must be carried out to the satisfaction of the Responsible Authority and all care must be taken to minimise the effect of such activities on the amenity of the locality.
7. New building(s) or works must not be erected or constructed and any existing building(s) must not be enlarged, rebuilt or extended (for any reason) except with the prior written consent of the Responsible Authority.
8. The use permitted by this permit must be suspended for such time as any condition of this permit which at that time requires compliance is not complied with.
9. Polluted drainage or stormwater that has been contaminated must not be allowed to discharge beyond the boundaries of the subject land or directly or indirectly into any drain or watercourse.
10. The whole of the subject land, including landscaped and paved areas, must be drained to the legal point of discharge to the satisfaction of the Responsible Authority.
11. The owner or developer of the subject land must pay for any damage caused to the Council’s assets as a result of the development or use permitted by this permit.
12. Vehicular access to the subject land from any roadway or service lane (and vice versa) must be by way of a vehicle crossing(s) constructed at right angles to the road, to suit the proposed driveway(s) and vehicles that will use the crossing. The location, design and construction of the vehicle crossing(s) must be approved by the Council. Any existing unused crossing(s) must be removed and replaced with concrete kerb and channel to the satisfaction of the Council.
13. During construction of works under this permit, access to and egress from the subject land must be via a route approved by the Council.
14. This permit will expire if the development permitted by this permit is not commenced within two years or not completed within two years from the date hereof. The times within which the development must be commenced and completed may on written request made before or within three (3) months after the expiry of this permit be extended by the Responsible Authority.
15. Prior to the commencement of works (excluding works reasonably required to conduct the risk assessment required in this condition), the proponent of the land must to the satisfaction of the Responsible Authority:
(a) provide the Responsible Authority any existing information relating to the assessment of landfill gas risks relevant to the use and development of the land and, following an assessment of that information by the Responsible Authority, as necessary if determined by the Responsible Authority:
(i) engage an appropriately qualified consultant with demonstrated experience in the assessment of landfill gas in the subsurface environment as either an environmental auditor or as an assessment consultant for an environmental audit process specifically considering landfill gas, to conduct an assessment of the potential presence of methane beneath the land and prepare and submit to the Responsible Authority a scope of the proposed risk assessment, which may comprise a desktop/literature based assessment and/or a site-specific intrusive landfill gas investigation.
(ii) upon approval of the scope of the risk assessment by the Responsible Authority, have the consultant conduct the risk assessment and prepare a report to be submitted to the Responsible Authority which contains the consultant’s opinion as to any potential hazard associated with methane beneath the land and any recommendations for the management or monitoring of methane gas. The consultant must also provide an opinion on whether an audit is required under section 53V of the Environment Protection Act 1970.
(iii) implement any recommendations of the risk assessment report. If any recommendations require any ongoing management or monitoring, the operator must enter into an agreement under section 173 of the Planning and Environment Act 1987 with the Responsible Authority requiring the implementation of any ongoing requirements.
(iv) The operator must pay the reasonable costs of the Responsible Authority incurred in engaging a consultant to conduct a peer review of the risk assessment scope and the risk assessment report prepared in accordance with conditions 15 (a)(i) and 15(a)(ii). The operator must also meet all costs associated with the drafting, execution and registration of the agreement, including those reasonably incurred by the Responsible Authority, which may be required under condition15(a)(iii).
16. Before the use commences, the car parking spaces, access lanes, driveways and associated works and landscaping shown on the plan must be:
(a) Constructed and available for use in accordance with the plan approved by the Responsible Authority; and
(b) Formed to such levels and drained so that they can be used in accordance with the plan; and
(c) Treated with an all-weather seal or some other durable surface; and
(d) Line-marked or provided with some other adequate means of showing the car
parking spaces.
NOTE: In the event that this permit expires or the subject land is proposed to be used or developed for purposes different from those for which this permit is granted, there is no guarantee that a new permit will be granted and if a new permit is granted then the permit conditions may vary from those included on this permit having regard to changes that might occur to circumstances, the planning scheme or policy.
NOTE: The use of the development permitted by this permit must at all times comply with the provisions of the Wyndham Planning Scheme.
See https://www.youtube.com/user/WyndhamCity to view the council meeting at 7pm tonight.
