You will be aware that we haven’t posted anything since January 2020. During this time SSAG representatives have met with our local member Ms Wendy Tuckerman who was very sympathetic to our dilema and made this meeting with the Minister possible. We are very grateful for her making this happen, especially because it is not everyday you get an opportunity to speak directly to a Minister.

Given we are currently under COVID-19 conditions our meeting was conducted by a teleconference. Other participants were Ms Tuckerman and her advisor, a senior official from the Department of Planning, Industry and Environment, and a senior member of Minister Stokes office. SSAG was represented by Jacqui Hassall, Mark and Dianne Burgess.

The SSAG presented the Minister with a detailed document outlining a range of issues, in particular, the favourable treatment Renew Estate Estate appears to be receiving from the DPIE.  We were able to point out that the 10 other recent large-scale solar projects in NSW had been given between 18 and 52 days to respond to any community objections, however as of 1 April, 2020, Renew Estate Estate has had 581 days to respond to our community’s objections and still nothing.   

Our document pointed out that Renew Estate has previously told the DPIE that they would provide their response by the end of January 2019 and then it was they would provide it by the end of November 2019.  It’s now April 2020 and they have still has not lodged their response nor have they provided any reason as to why it’s been delayed. 

The Minister appeared genuinely shocked that this process has been allowed to drag on for so long and apologised to the SSAG for the DPIE allowing it to happen.

The senior DPIE representative offered to visit the site immediately once travel restrictions due to the corona virus are lifted.  We welcomed his offer and look forward to be able to visit the site with him and take his through all the concerns that have been raised by the local community.  He indicated that the DPIE had corresponded with Renew Estate since the close of objections, many of which he said have gone unanswered.

The Minister was also highly complementary of the document we provided him for the meeting.

The SSAG is hopeful that we may be soon able to get this issue resolved.

We will keep the community updated with developments through the SSAG website. 

Why has the Response to Submission (RTS) phase of the Springdale Solar project been allowed to drag on for so long without any valid reasons or evidence being shown by Renew Estate that explains what the hold up is?

The SSAG’s has been attempting to find out about the RTS for over 12 months and the latest communication from DPIE has now suggested a possible course of action for the New Year. But before we share that with you, here is the list of communications between the SSAG and the DPIE.

The Springdale EIS public exhibition period opened on 18 July 2018, and closed on 29 August 2018.

• 5 December 2018, 98 days after close of submissions SSAG contacted DPIE re the RTS
• DPE responded and said Renew Estate had contacted the Department a week or so ago and said that Renew Estate would not get back to DPE before Christmas. DPE indicated Renew Estate would likely respond with the RTS towards the end of January 2019 as they were still working on the additional archaeological survey work.
• 24 January 2019, 148 days post close of submissions
  Second time SSAG contacted DPE about progress of the RTS
• 29 January 2019, DPE responded and said Renew Estate was still preparing the RTS
• 11 April 2019, 225 days post close of submissions
  Third time SSAG contacted DPE about progress of the RTS
• DPE responded and SSAG was told, the DPE would not be contacting Renew Estate and that Renew Estate was still working on the additional archaeological survey. DPE also said the SSAG could contact Renew Estate if we wanted more information.
• 4 October 2019, 401 days post close of submissions
  Fourth time SSAG contacted DPIE about progress of the RTS
• 24 October 2019, DPIE contacted SSAG and informed us they had contacted Renew Estate and the completion of additional archaeological survey was the reason for the delay of the RTS. Renew Estate advised the DPIE that the RTS would be provided by late November 2019.
  DPIE also emphasised the importance of keeping the community informed and requested that Renew Estate provide an update on the project to the community.
• 4 December 2019, 462 days post close of submissions
  Fifth time SSAG contacted DPIE about progress of the RTS
  SSAG also asked the DPIE what happens next if Renew Estate doesn’t lodge the RTS?
• 19 December 2019, DPIE responded and informed the SSAG that the RTS HAD NOT been lodged.
  DPIE also informed the SSAG that they had been in contact with Renew Estate and reiterated the importance of keeping the community updated. Renew Estate advised the DPIE that a project update would be provided before the end of year.
  DPIE also stated they will consider the next steps in the new year, including finalising the assessment of the project in the absence of receiving a RTS or any material updates on the status of the project.
• 20 December 2019, 478 days post close of submissions
  Sixth time SSAG contacted the DPIE about progress of the RTS
  The SSAG acknowledged the possible finalisation of the project as indicated by DPIE as both reasonable and appropriate given the circumstances.
  The SSAG also stated that a review of the DPIE Major Projects showed that the average timeframe for assessing the 41 solar developments approved since 2010 was 138 days (from close of submissions to determination). As of 5 January 2020, it is 494 days since submissions closed for the Springdale solar project, and the RTS hasn’t even been lodged. THIS IS 356 DAYS ABOVE THE DPIE AVERAGE.
• 23 December 2019, Renew Estate emailed only seven people, NOT the community, with this message:
  … ” We wanted to let you know that Renew Estate has been continuing to progress the development of the Springdale solar farm and the other projects we are developing in NSW.  
  
  We remain committed to the development of the Springdale Solar Farm. Together, with our partners we expect to complete the project’s additional planning studies in early 2020.
  
  We anticipate being able to make further detailed announcements on the development pathway for the project in the new year...”

This is Renew Estate’s idea of a project update. After 16 months this is all they offered. Do they expect the seven people they emailed to act as a spokesperson for their company? This just shows Renew Estate’s continued contempt for our community .

The completion of additional archaeological studies was used as the reason for the delay of the RTS in December 2018, April 2019 and again in October 2019. While the SSAG encourages thorough assessment practices, surely if an additional 10 months has not helped finalise these studies then Renew Estate should be explaining to DPIE why not.

Bearing in mind that the additional archaeological studies is only one issue that required a response, what about the numerous other issues that also require responses? What is the status of those?

Having said that, the SSAG doesn’t know what all the issues are? We expect that as part of the assessment process a summary of all issues raised in submissions would have been collated by the DPIE, otherwise how would they know if Renew Estate has addressed all the issues raised?

The SSAG has also discovered that the DPIE has now issued formal respond to submission requests to two solar project developers. One of those, the Jindera project where submissions closed on 13 November 2019, received 117 submissions, of those 106 were from the general public. This developer has been given 52 days to provide a RTS. See link below: https://www.planningportal.nsw.gov.au/major-projects/project/9811

In light of this new discovery the SSAG firmly believes our community is not being unreasonable in asking the DPIE to bring about a solution to the uncertainty of the RTS for the Springdale solar project. Renew Estate has already had 494 days in which to respond.

The SSAG has also been liaising with our Local Member, Wendy Tuckerman MP about our ongoing struggle, and the SSAG will be meeting with her on 10 February 2019.

The SSAG continues to work for the community and will keep you posted of any new developments.

As we reported in the November edition of the Sutton Chatter (see link below) the Department of Planning, Industry and Environment (DPIE) provided a response to SSAG’s letter of October 4, 2019 (see below).

In short for those who haven’t had a chance to read the Chatter, DPIE advised they are aware of the high level of community interest in this project and that DPIE had been in contact with Renew Estate who advised the Response to Submissions Report “will be provided by late November 2019“. SSAG will be notified if this document is lodged and in turn SSAG will notify the community.

DPIE also reminded Renew Estate of the importance of keeping the community informed on the progress of the project and requested it update the local community on the status of the project. DPIE further advised SSAG they “will follow up further the community’s concern that these updates have not been provided“.

It is November 23 and Renew Estate has not contacted anyone nor have they added any new information on the project website. To refresh your memory their last Newsletter was dated August 2018. The first three Newsletters were listed in their News section and the last two were found in another part of the website, in you were looking for them follow this link: https://www.springdalesolarfarm.com.au/project-documents

What wasn’t in DPIE’s response was any kind of acknowledgement or apology about how poorly this project is tracking against DPIE’s own internal benchmarks. Since the close of submissions on 29 Aug 2018, 451 calendar days or 316 work days have passed. DPIE’s own benchmark for assessing State Significant Development’s is 149 days, (doesn’t say whether this is work days or calendar days). Assuming it is work days this project is now 167 days over their own benchmark, almost half a years deviation!!

Inquiry into sustainability of energy supply and resources in NSW

Almost 250 submissions (including SSAG’s, see last Post for link) were received in response to the inquiry, including community groups, local councils, the NSW Government, energy companies, trade unions, and individuals.

Notably Renew Estate was not listed as having provided a submission, however, their partner company Energy Estate’s submission (see link below) was promoting hydrogen in the Hunter Valley. https://www.parliament.nsw.gov.au/ladocs/submissions/65653/Submission%20-%20240.pdf

In a Media Release dated 24 October 2019 (see link below), Alex Greenwich MP, Committee Chair said “To get this right, we have to hear directly from the people who will experience the most significant impacts of any change. This means understanding any concerns, and making sure communities are supported in a way that serves them and their local economy and environment best”.
https://www.parliament.nsw.gov.au/ladocs/other/12725/Inquiry%20update%20-%20sustainability%20of%20energy%20supply%20and%20resources%20in%20NSW.pdf

Site visits and public hearings, including locations and dates, will be announced on the Committee’s webpage. https://www.parliament.nsw.gov.au/committees/inquiries/Pages/inquiry-details.aspx?pk=2542#tab-hearingsandtranscripts

SSAG will follow this with interest to see where and when these will be held. At the time of posting there are none scheduled. SSAG will be pushing for one to be held here.

If you are interested in reading some of the submissions here is the link: https://www.parliament.nsw.gov.au/committees/inquiries/Pages/inquiry-details.aspx?pk=2542#tab-submissions

Large-Scale Solar Energy Forums Outcomes

Who says persistence doesn’t pay off? The SSAG has finally tracked down the elusive ‘Outcomes’ document for the three forums (Armidale, Dubbo and Wagga Wagga) held earlier this year. DPIE’s response to SSAG on 24 October advised that the ‘Action Plan’, as it is known as, is being finalised by the Department of Planning, Industry and Environment and SSAG will be notified when it is publicly available.

Presentations for the three forums are available on the DPIE website:
https://www.planning.nsw.gov.au/Policy-and-Legislation/Renewable-Energy/Large-scale-Solar-Energy-Guideline

SSAG also notes that in 10 days time it will be six (6) months since the last forum was held in Wagga Wagga which SSAG representatives attended.

Independent Planning Commission (IPC Review)

You may be aware that Rob Stokes, Minister for Planning of Public Spaces has requested the Productivity Commissioner conduct a review of the Independent Planning Commission (IPC) following some controversies around recent IPC decisions. A report of the review is expected back to the Minister by mid-December 2019.  The Terms of Reference for the Review are available here: http://productivity.nsw.gov.au/ipc-review

SSAG will also follow this inquiry.

Latest Edition of the Sutton Chatter

Its been a busy time since our last post, check out what’s been happening.

SSAG’s submission to the NSW Legislative Assembly Committee on Energy and Planning
You will recall we informed the group about the above inquiry which was looking at the sustainability of renewable energy in NSW which also included looking at how this impacts on regional communities. It is now available on the Inquiry webpage, we urge you to have a read of not only SSAG’s, but some of the other submissions to get an understanding of what the tone of this inquiry will be about. SSAG will be watching with interest to see where hearings are held, will they be in regional areas, west of the Great Divide or will they be in cities on the coast?

https://www.parliament.nsw.gov.au/ladocs/submissions/65529/Submission%20-%20187.pdf

Correspondence with the Department of Planning, Industry and the Environment (DPIE) and Renew Estate
Most of you would be unaware that the SSAG does contact the DPIE from time to time seeking updates on the progress of the Springdale project. We have reported previously that the DPIE doesn’t think it appropriate for them to contact Renew Estate and even suggested that we could contact them ourselves if we want to know anything. The attached copy of our latest email emphatically states that we believe it falls to DPIE to fulfil this duty on behalf of those impacted by developments.

Check out the latest Sutton Chatter article – Mitigation and Management Strategies how credible are they? See what we’ve uncovered…

Here we are 365 days post the close of submissions for the Springdale solar development (29/8/18) and there has been no response from Renew Estate to all our submissions. What does this mean, that’s open to speculation.

As mentioned in the last post, the Department of Planning, Industry and Environment (DPE) take notice of the community’s concern when there is a large number of submissions.

When Mr Kitto (DPE) was asked if it was possible for the department to contact Renew Estate regarding the possible lodgement of their response to the submissions, Mr Kitto responded by saying he didn’t think that was appropriate, and said “the company has invested a lot of money” to which we replied “so have all the surrounding landowners and community whose lives will be impacted by this development, what about our investments in our homes, don’t we matter?”

And so our campaign continues. Every day allows more time for research by the SSAG to uncover the inconsistencies, omissions and errors in the Environmental Impact Statement.

On 17 July 2019, the NSW Legislative Assembly Committee on Environment and Planning announced there would be an inquiry into and report on the sustainability of energy supply and resources in NSW, and the impact on regional communities. See link below

https://www.parliament.nsw.gov.au/committees/inquiries/Pages/inquiry-details.aspx?pk=2542#tab-termsofreference

There are three points about this that immediately come to mind.

1. Who are the members of the committee?

Chair: Alex Greenwich MP, Independent, Member for Sydney
Deputy Chair: Felicity Wilson MP, Liberal, Member for North Shore
Members: Anoulack Chanthivong MP, ALP, Member for Macquarie
Fields
James Griffin MP, Liberal, Member for Manly
Nathaniel Smith MP, Liberal, Member for Wollondilly

If this inquiry is about supporting regional communities, where is the representation of MP’s from regional NSW?

What about the hundreds of submissions already lodged for all
the renewable energy projects?
Hasn’t the NSW Department of Planning been receiving submissions about the numerous renewable energy projects across NSW for the past decade? Has anyone taken any notice of those submissions? Hopefully the Committee will start by reading the numerous objections by local communities that have already been lodged.

What is the likelihood of any of the people who have provided submission to projects:
a. knowing this is happening; and
b. has the time and inclination to do this again, when many believe that no one listened to them in the first place.

The Sutton Solar Action Group (SSAG) intends the make a submission. All development in NSW has to meet the three requirements of economical sustainable development which is the effective integration of economic, social and environmental considerations in the decision-making process. SSAG believes the renewable energy development assessment process is no different and will make a submission outlining the faults/flaws that we have discovered during the review of the Springdale EIS.

Below is a copy of the Media Release

On Wednesday evening (3 July) we attended the above forum hosted by the NSW Farmers.

The Executive Director for Planning and Assessments from the NSW Dept of Planning David Kitto and Nicole Brewer were present and Mr Kitto made a presentation and took many questions from the floor. 

It was a fairly robust meeting with over 120 people present, all of whom were opposed to various large-scale solar developments that have been either built or in the planning stages near their properties. 

When we identified who we were and our issue was Springdale, Mr Kitto made it clear that he was well aware of this development and that there was a significant number of objectors. We asked a number of questions about Springdale i.e that it was 309 days since submissions closed and there has been no contact from Renew Estate, and why the developers have no time constraints to lodge the response to submissions?  We also complained about the serious lack of consultation by the developer.  Not surprisingly the lack of consultation by developers was raised time and time again in questions.  It should be noted that one group raising concerns was with another Renew development, Bomen, which is just north of Wagga.  Again, not surprisingly, was Renew’s lack of consultation with affected residents.  It should be noted, that that development has been constructed and has already been sold by Renew to another renewable energy company.

We also got to speak directly to Mr Kitto and Ms Brewer after the meeting.  Suffice to say, they are now well aware of our numerous concerns, and we told them in no uncertain terms what we thought about the poor quality of the EIS and the many errors contained in it.

Many of the questions from the floor are relevant to our group and once the NSW Farmers have finalised the summary of the meetings we anticipate being able to forward this to you. There was also Forum’s in Dubbo and Armidale, so we expect the summary will include all three.

One issue that was raised from the floor was about decommissioning and removal of infrastructure.  We aren’t sure that ‘host’ landholders would be fully informed about who is responsible for removal of the solar farm infrastructure. Mr Kitto said that the government had thought about asking for surety of some kind from the developer to ensure there is money to pay for removal, but as the government is not a party to the development they have no part of the contract.  It is a private matter between the landowner and the developer.

All responsibility for decommissioning & rehabilitating the land when the development has come to its end (whether it be 5, 15, 30, 60 or 100 years) rests with the owner of the facility at that time. Should the owner decide not to remove the items OR goes into liquidation and cannot undertake the task (which many speculate will happen due to the substantial costs of decommissioning & rehabilitation for no financial return), the NSW Government will not get involved because it has no part to play.

To make it worse, the ‘host’ landholder would not be legally able to remove any of the infrastructure either even though its on his/her land, as it is not legally theirs and may become the subject of court action between the owners and their financiers, which could even be overseas banks.  So the infrastructure could lay dormant on the land for many years and render the land unsellable and unusable until the matter is resolved.  I wonder if anyone ever explained that to the Springdale landholder before he signed up?

All in all its was a good opportunity to get our faces and issues in front of the head of planning in NSW. When we receive a meeting summary we will send out and place on the website.