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3 PLANNING AND ENVIRONMENT COMMITTEE 10 MAY 2017 1 MATERIAL CHANGE OF USE (IMPACT) TELECOMMUNICATIONS FACILITY – 101-103 MCGREGOR ROAD SMITHFIELD – DIVISION 8 K L Lordan | 8/8/1467 | #5399352 PROPOSAL: TELECOMMUNICATIONS FACILITY APPLICANT: OPTUS MOBILE PTY LTD C/- URBIS PTY LTD LEVEL 7, 123 ALBERT STREET BRISBANE QLD 4000 LAND OWNER: LDI CONSTRUCTION (QLD) PLANT PTY LTD CONSULTANT TEAM: URBIS PTY LTD OPTUS MOBILE PTY LTD HUAWEI TECHNOLOGIES PTY LTD LOCATION OF SITE: 101-103 MCGREGOR ROAD, SMITHFIELD PROPERTY: LOT 2 RP747280 ZONE: MIXED USE ZONE PRECINCT 1 - COMMERCIAL LOCAL PLAN: SMITHFIELD LOCAL PLAN PLANNING SCHEME: CAIRNSPLAN 2016 REFERRAL AGENCIES: NONE NUMBER OF SUBMITTERS: SIX (6) SUBMISSIONS ONE (1) PETITION – 95 SIGNATURES STATUTORY ASSESSMENT DEADLINE: 15 MAY 2017 APPLICATION DATE: 7 DECEMBER 2016 DIVISION: 8 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. NOTICE OF INTENTION TO COMMENCE USE 3. SUPPORTING INFORMATION Agenda – Planning and Environment Committee 10 May 2017 #5418337

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PLANNING AND ENVIRONMENT COMMITTEE

10 MAY 20171

MATERIAL CHANGE OF USE (IMPACT) TELECOMMUNICATIONS FACILITY – 101-103 MCGREGOR ROAD SMITHFIELD – DIVISION 8

K L Lordan | 8/8/1467 | #5399352

PROPOSAL: TELECOMMUNICATIONS FACILITY

APPLICANT: OPTUS MOBILE PTY LTDC/- URBIS PTY LTDLEVEL 7, 123 ALBERT STREETBRISBANE QLD 4000

LAND OWNER: LDI CONSTRUCTION (QLD) PLANT PTY LTD

CONSULTANT TEAM: URBIS PTY LTDOPTUS MOBILE PTY LTDHUAWEI TECHNOLOGIES PTY LTD

LOCATION OF SITE: 101-103 MCGREGOR ROAD, SMITHFIELD

PROPERTY: LOT 2 RP747280

ZONE: MIXED USE ZONE PRECINCT 1 -COMMERCIAL

LOCAL PLAN: SMITHFIELD LOCAL PLAN

PLANNING SCHEME: CAIRNSPLAN 2016

REFERRAL AGENCIES: NONE

NUMBER OF SUBMITTERS: SIX (6) SUBMISSIONSONE (1) PETITION – 95 SIGNATURES

STATUTORY ASSESSMENTDEADLINE: 15 MAY 2017

APPLICATION DATE: 7 DECEMBER 2016

DIVISION: 8

APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S)2. NOTICE OF INTENTION TO COMMENCE

USE3. SUPPORTING INFORMATION

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LOCALITY PLAN

RECOMMENDATION:

That Council approves the development application for Telecommunications Facility over land described as Lot 2 RP747280 located at 101-103 McGregor Road Smithfield, subject to the following:

APPROVED DRAWING(S) AND / OR DOCUMENT(S)The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Drawing or Document Reference DateDraft Site Layout Plan Huawei Technologies (AU) Pty Ltd,

Drawing No: B815-P1, Revision 0311/10/16

Draft Site Elevation Huawei Technologies (AU) Pty Ltd, Drawing No: B815-P2, Revision 03

11/10/16

ASSESSMENT MANAGER CONDITIONS

1. Carry out the approved development generally in accordance with the approved drawing(s) and/or document(s), and in accordance with:-

a. The specifications, facts and circumstances as set out in the application submitted to Council;

b. The following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

Except where modified by these conditions of approval.

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Timing of Effect

2. The conditions of the Development Permit must be effected prior to Commencement of Use, except where specified otherwise in these conditions of approval.

Notice of Intention to Commence Use

3. Prior to commencement of the use on the site, written notice must be given to Council that the development fully complies with this Development Permit. Please return the attached “Notice of Intention to Commence Use” form when the use has commenced. (Attached at Appendix 2).

Lawful Point of Discharge

4. All stormwater from the property must be directed to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Colour Scheme

5. The Telecommunications Facility, including the security fence, ancillary equipment and monopole must be painted in moderately dark, non-reflective colour(s).

Details of the selected colour(s) must be submitted prior the issue of a Development Permit for Building Works and endorsed by the Chief Executive Officer.

Damage to Infrastructure

6. In the event that any part of Council’s existing sewer, water or road infrastructure is damaged as a result of construction activities occurring on the site, including, but not limited to; mobilisation of heavy construction equipment, stripping and grubbing, the applicant/owner must notify Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced at the developer’s/owners/builders cost, prior to the Commencement of Use.

ADVICE

1. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 339 and 341 of the Sustainable Planning Act 2009.

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2. All building site managers must take all action necessary to ensure building materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

3. This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements.

4. For information relating to the Sustainable Planning Act 2009 log on to www.dilgp.qld.gov.au. To access FNQROC Manual, Local Laws and otherapplicable Policies log on to www.cairns.qld.gov.au.

LAND USE DEFINITIONS*

In accordance with CairnsPlan the approved land use of Telecommunications Facility is defined as:

‘Premises used for systems that carry communications and signals by means of radio, including guided or unguided electromagnetic energy, whether such facility is manned or remotely controlled.’

*This definition is provided for convenience only. This Development Permit is limited to the specifications, facts and circumstances as set out in the application submitted to Council and is subject to the abovementioned conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

EXECUTIVE SUMMARY:

Council is in receipt of a Development Application for Material Change of Use for a Telecommunications Facility on land located at 101-103 McGregor Road, Smithfield. The site is formally described as Lot 2 on RP 747280 and has a total area of 5,848m2

with frontage to McGregor Road.

The site is zoned Mixed Use, Precinct 1 – Commercial under CairnsPlan 2016. The site is adjoined to the east and west by land that is also in the Mixed Use Zone, Precinct 1 –Commercial, with a parcel of Special Purpose zoned land immediately to the south. To the north of McGregor Road the site is in close proximity to the James Cook University campus with residential zoned land further to the south.

The proposal is for a 26 metre high monopole tower with eight panel antenna attachments on a headframe and a small equipment shelter. The pole will be located behind existing buildings along McGregor Road and Ardisia Street.

The application has been assessed against the provisions of CairnsPlan 2016 and is recommended for approval subject to conditions.

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TOWN PLANNING CONSIDERATIONS:

Background

The site has a battle-axe type shape with a total area of 5,848m2 and has previously been used for raw materials storage and sales. The site contains an existing building/office. The site adjoins McGregor Road to the north, land also in the Mixed Use Zone – Precinct 1 to the east and west and land in the Special Purpose zone to the south.

Proposal

The proposal is for a Telecommunication Facility to be constructed on the site within a proposed 96m2 lease area. The facility will consist of a monopole tower and an equipment shelter. The monopole will be 25 metres high with an overall height of 26 metres including the attachment of eight panel antennas (2.5 metres long) on an outrigger headframe. There is proposed to be 28 Remote Radio Units behind the antennas on the headframe. The monopole will be set back four metres from the eastern property boundary and nine metres from the northern boundary with 105 McGregor Road.

The equipment shelter will be 7.5m2 in size measuring 3.15 metres long by 2.4 meters wide. The equipment shelter will be set back 2.1 metres from the eastern boundary and 3.3 metres from the northern boundary with 105 McGregor Road. The lease area will be fenced with a 2.0 metre high chain-link security fence.

CairnsPlan 2016 Assessment

CairnsPlan 2016 Code Applicability Compliance

Local Plan Smithfield Local Plan

Complies with Performance Outcomes –the proposal will not impact on the role and function of the Smithfield local plan area.

See further discussion below.

Zone Mixed use zone Precinct 1 -Commercial

Complies with Performance Outcomes –the proposed use contributes to a mix of

land uses in the zone and does not compromise the role and successful

function of centres within the hierarchy of centres. See further discussion on height

below.

Land Use Telecommunication facility Complies with Performance Outcomes –see further discussion points below.

Overlays

Acid sulfate soils

Complies – excavation on the site will be minimal and will only be for foundations of

the telecommunications facility and equipment shelter.

Airport environsComplies – the proposed development will

not impact on the Cairns International Airport.

Transport networkComplies – the development will not

generate any significant traffic and will not impact on the road hierarchy of the region.

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Other Development

Codes

Environmental performance

Complies – the development will be designed and operated to avoid or mitigate

impacts on sensitive receiving environments. The use is not likely to impact on the amenity of the area in regards to lighting, odour, airborne

particles or noise.

Excavation and fillingComplies – excavation on the site will be

minimal and will only be for the foundations of the tower and the equipment shelter.

Infrastructure works

Conditioned to comply – the site contains all required services and conditions have

been included to ensure that Council’s infrastructure is not damaged by the

proposed works.

Landscaping

The site contains some existing landscaping in the frontage. The base of the tower and the equipment shelter will

not be readily viewed from the street frontage and additional landscaping in the

frontage is not considered necessary.

Parking and access

Complies - The code does not specify a car paring rate for Telecommunications

facilities but requires that sufficient spaces are provided to accommodate the number of vehicles likely to be parked on the site

ay any one time. As the facility is not manned, it is anticipated that the maximum parking demand for the use at any time is

one (1) vehicle. This can be easily accommodated on the site.

Vegetation management Complies - No vegetation removal proposed

Compliance Issues and Planning Considerations

Setback from property boundaries

Under the Smithfield Local Plan Code Acceptable Outcome AO3.3 states the structure should be set back ¼ the height of the building or structure which would be 6.5 metres for the tower. The proposed setback to the monopole is 4 metres from the eastern property boundary and 2.1 metres to the outermost projection of the headframe and attachments. The proposed tower structure is slim in nature and does not present a bulky or visually obtrusive encroachment within the setback. It is considered that the proposal satisfies Performance Outcome PO3. The pole will be setback in excess of 6.5 metres from nearby buildings.

As per the hierarchy of assessment criteria under CairnsPlan 2016, a local plan code prevails over zone codes, use codes and development codes meaning that the setbacks under the Smithfield Local Plan Code prevail over setbacks contained in the Telecommunications Facility Code.

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The Telecommunications Facility Code AO1.1 asks for a setback of 5 metres from all boundaries or AO1.2 states that where adjacent to a sensitive land use, the Telecommunications facility is set back equal to the height. Compliance with this Acceptable Outcome requires a setback of 26 metres from the tower to a Caretakers Residence located within one of the existing buildings along Ardisia Street. The proposal complies with AO1.2 with the equipment shelter set back approximately 27 metres from the Caretakers residence and the tower itself set back approximately 32 metres.

The proposal would also comply with the associated Performance Outcome PO1 which requires telecommunications facilities to be located and designed at distances from the property boundaries which maintain clear separation from neighbouring properties and frontages to roads. The location of the tower is well separated from the McGregor Road frontage and adjoins the rear of all adjoining existing properties to the north and east of the lease area.

Height

The Mixed Use Zone Code contains an Acceptable Outcome AO1 for height within Precinct 1 of 11 metres or 14 metres where involving a mix of land uses that includes multiple dwellings. As per the hierarchy of assessment criteria under CairnsPlan 2016, a local plan code prevails over zone codes, use codes and development codes. The site is located within the Smithfield Local Plan Precinct 3 – Future employment with Acceptable Outcome AO3.1 of the Smithfield Local Plan Code stating a height of 15 metres in this precinct. The proposed tower will have a maximum height of 26 metres and will be taller than other existing buildings in the area. Due to the slim profile of the tower, the visual impact of a monopole structure is significantly less than a building of the same height. A condition has been included to ensure the monopole is finished in colours that are non-reflective and blend with the surrounding area. Views of the monopole will be significantly reduced in many locations due to existing vegetation and industrial/mixed use buildings with the tower to be located behind existing buildings.

Given the nature and scale of the proposed tower, it is considered that the proposal satisfies Performance Outcome PO3 which requires that the height of buildings and structures reinforces Precinct 1 as the area of highest intensity development and ensures that there is a transition of building form from Precinct 1 to surrounding areas. The telecommunications facility pole will not impact on the role of the Smithfield Major Centre.

Location

Acceptable outcome AO3.1 of the Telecommunications facility code calls for these facilities to be located at least 400 metres from a sensitive land use and 1km from any other existing or approved telecommunications facility except where co-located. The proposed facility is approximately 75 metres from residential properties to the south along Carbine Close and approximately 32 metres from a Caretakers Residence on an adjoining property.

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Performance Outcome PO3 requires that Telecommunications Facilities are located so as to minimise any adverse impact on the amenity of a local area and protect community wellbeing. The proposed location was chosen after a site selection process to determine the best site in terms of community impact and technical and coverage needs of the network. Attempts at co-location of the facility were not successful.

The application includes an environmental EME Report detailing the calculation of the levels of radio frequency electromagnetic energy for the facility. The proposal satisfies the EME Australian standards to ensure community wellbeing.

Public Notification / Submissions

The proposed development was placed on Public Notification from 24 January 2017 to 1 March 2017.

The newspaper advertisement was originally published in the Tablelander newspaper and the applicant was advised that this newspaper is not considered to satisfy the requirements of SPA 2009 for a newspaper circulating generally in the locality of the proposed development. As such, the newspaper notice was published again in the Cairns Post on 7 February 2017 and the end of the notification period was extended to ensure the minimum 15 business days was achieved after the correct notice was published. New letters were also issued to the adjoining landowners advising of the extended timeframes for making a submission and the notification period dates were changed on the sign located on the property.

During the notification period there were six submissions and one petition containing 95 signatures lodged with Council. The issues raised in the submissions are summarised below:

1. The location is too close to an existing Telecommunications facility.

Officer Comment: The potential for co-location of the facility with an existing facility was investigated by the applicant but a suitable site was not found that would provide the improved coverage required. The proposal does not satisfy Acceptable Outcome AO3.1 of the Telecommunications Facility code which states the facility should be at least 1 kilometre from any other existing or approved facility with an existing facility approximately 650 metres to the north of the site. The proposal is considered to satisfy the associated Performance Outcome PO3 as the separation of the existing and proposed facilities will not create an adverse impact on the amenity of the local area or community wellbeing.

2. The tower does not meet the height specified in the Acceptable Outcomes of the Mixed Use Zone Code and Smithfield Local Plan Code and does not satisfy PO1 of the Mixed Use Zone Code which states that the structure is of a scale compatible with the character of the area and does not adversely affect the amenity of the area.

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Officer Comment: The site is located within the Smithfield Local Plan Precinct 3 –Future employment with Acceptable Outcome AO3.1 of the Smithfield Local Plan Code stating a height of 15 metres in this precinct. The proposed tower will have a maximum height of 26 metres and will be taller than other existing buildings in the area. Due to the slim profile of the tower, the visual impact of a monopole structure is considered to be significantly less than a building of the same height. A condition has been included to ensure the monopole is finished in colours that are non-reflective and blend with the surrounding area to limit any impacts on the visual amenity of the area. Views of the monopole will be reduced in many locations due to existing vegetation and existing industrial/mixed use buildings along McGregor Road and Ardisia Street.

If the height of the tower was significantly reduced, this could create a need for additional facilities to be installed to ensure optimal network coverage for the area.

3. The facility does not comply with the setbacks specified in the Acceptable Outcomes of the Smithfield Local Plan Code.

Officer Comment: Under the Smithfield Local Plan Code Acceptable Outcome AO3.3 states the structure should be set back ¼ the height of the building or structure which would be 6.5 metres for the tower. The proposed setback to the monopole is 4 metres from the eastern property boundary and 2.1 metres to the outermost projection of the headframe and attachments. The pole will be setback in excess of 6.5 metres from nearby buildings. The proposed tower structure is slim in nature and does not present a bulky or visually obtrusive encroachment within the setback. It is considered that the proposal satisfies Performance Outcome PO3.

4. The proposal is inconsistent with the overall outcomes of the Smithfield Local Plan Code particularly where it states that a mix of retail, professional business, innovative and technological industries established in a finer grain model of development is suitable for the area’.

Officer Comment: This is just one overall outcome of the Local Plan code. The list of potential uses is not intended to be an all-encompassing list of uses that may be appropriate in the area but rather gives examples of the types of uses that may occur.Telecommunications are necessary for retail and professional businesses and the proposed facility will help to ensure adequate service is provided to the surrounding area.

5. The proposal does not satisfy Performance Outcome PO11 of the Smithfield Local Plan Code - Development the precinct ensures:(a) it meets the employment needs of the Cairns Northern Beaches is facilitated;(b) buildings are not more than four storeys in height;(c) active frontages and design for pedestrian and vehicle environments at the outer edges of buildings;(d) efficient use of space to reduce expansive car parking areas;(e) built form and entry points addresses and enhances connections to existingcommunities.

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Officer comment: It is considered that the proposal can satisfy Performance Outcome PO11 in that the equipment shelter building will be single storey and is located behind an existing building which does not provide an opportunity to incorporate an active frontage. The proposed development does not require an expansive car parking area.

6. The site and surrounding areas do not contain vegetation close to 26 metres high to offset visual impact of the tower.

Officer Comment: There are a number of structures and areas of vegetation that will help to offset views of the tower dependent on where the tower is viewed from. Optimal coverage from the tower is best achieved is clear of mature vegetation.

7. The nearby industrial buildings are mostly 2-3 storeys in height and are much lower than the height of the proposed tower which will stand out well above the buildings.

Officer Comment: The tower is taller than surrounding buildings with the height required to enable the tower to serve its purpose. The surrounding buildings will help to obscure views of the equipment shelter and lower parts of the tower. Views of the tower will depend on a person’s view point. Buildings of up to 15 metres in height are possible in the area which would further obscure views of the tower.

8. The Telecommunication Facility would have a negative impact on future resale value of nearby properties.

Officer Comment: This is not a Planning Scheme consideration.

9. In the event of dangerous weather the tower may be blown over onto nearby properties and buildings.

Officer Comment: The tower is required to meet all standard structural certification requirements.

10. The Telecommunications facility is too close to a nearby caretaker’s residence, residential areas and businesses.- The proposal does not comply with AO3.1 of the Telecommunications facility code – located 400 metres from any sensitive land use area- Does not comply with PO4 (c) of the Mixed Use Zone Code – side and rear building setbacks provide adequate separation and buffering from residential premises

Officer Comment: The setbacks in the Mixed Use Zone Code are overridden by the Smithfield Local Plan Code, which states as an Acceptable Outcome that the structure should be set back ¼ the height of the building or structure which would be 6.5 metres for the tower. The proposed setback to the monopole is 4 metres from the eastern property boundary and 2.1 metres to the outermost projection of the headframe and attachments. The monopole will be setback in excess of 6.5 metres from nearby buildings.

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The tower will be approximately 30 metres from a Caretakers residence but is considered to satisfy Performance Outcome PO3 of the Telecommunications Facility Code which requires that Telecommunications Facilities are located so as to minimise any adverse impact on the amenity of a local area and protect community wellbeing. There is an inherent likelihood of reduced amenity for a Caretaker’s Residence located in a Mixed Use Zone due to the mix of land uses, many of which in the nearby area are industrial in nature. The proposal satisfies the EME Australian standards to ensure community wellbeing is maintained.

11. There are unknown health side effects from the proposed facility.

Officer Comment: The proposed tower satisfies the relevant Australian safety standard for Electromagnetic Energy (EME) exposure as demonstrated in the supplied Environmental EME Report.

12. The Telecommunications facility will have a negative impact on views, sight lines, visual amenity and Carbine Street resident’s use of north facing back yards. The tower will be the only structure above 15 metres.

Officer Comment: The proposal is for a slim line monopole with the visual amenity impacts reduced due to the nature of the structure. There are examples of similar facilities across the region with similar setback to roads without significant issues of driver distraction and loss of sightlines.

There is potential for buildings up to 15 metres to be constructed in much closer proximity to the Carbine Street residences which could satisfy all outcome of the Planning Scheme and have a much larger impact on views from these properties. The proposed tower will be minimal in the overall outlook and vistas of the area.

Applicant Response to Submissions

The applicant’s consultants provided a response to the submissions received during the notification period based around the following themes:

Site selectionThe site was selected following analysis of the local area and potential locations. Co-location was considered but improved coverage could not be serviced by existing sites and was not feasible. The Radio Frequency National Site Archive (RFNSA) provides a database of all existing and proposed telecommunications facilities in Australia and shows that the nearest telecommunications facility is 1.1 km away, to the south-west, and the next nearest site is 2.1 km away, to the south-east. These facilities are significantly outside of the Optus search ring and are unable to achieve the minimum radio frequency objectives required.

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Location on the James Cook University (JCU) site was not supported by JCU due to ongoing master planning process and they could not commit to a site inside the next 3 years. The proposed facility is a response to an essential community need for improved mobile telecommunication infrastructure within the immediate and surrounding region. The intention for this new facility is to provide increased coverage and capacity to residents and businesses within the northern part of the Smithfield area. The timely delivery of this facility is critical to ensure that this community has good access to telecommunications services and provides legitimate competition within the area.

Proximity to nearby land usesThe proposal is located on a site that is industrial in nature, in an area where other industrial/warehouse uses occur including, but not limited to, a material supplies yard, a car diagnostics warehouse, a smash repairs workshop and a storage facility. We recognise the change in zoning of this land from industrial to mixed use under the Cairns Plan 2016, and consider that a Telecommunications Facility is appropriate within either of these zones.

The subject site has a battle-axe form with a narrower section towards the frontage of McGregor Road. This portion of the site is required to be unimpeded to ensure that the proposal does not detract from the primary function of the site. The proposed facility is located as far north as practicable on the site. Furthermore, this internal corner of the site is considered to be most suitable to accommodate the proposed facility with surrounding buildings ensuring that the base of the facility is shrouded from view as much as practically possible from the Ardisia Street and McGregor Road frontages.

The impacts of the proposal are not likely to exceed that imposed by the existing industrial land uses in the local area. These uses can have negative externalities such as noise and dust resulting from the operation of machinery and heavy vehicle movements. Conversely, the proposed Telecommunications Facility results in no air emissions and very limited noise emissions resulting from an air-conditioning unit similarto a domestic split system. It is considered that Performance Outcome PO3 of the Telecommunications Facility Code has been satisfied, and that impacts on the amenity of the area are minimised and community wellbeing is protected.

Visual amenityThe consideration of visual impacts and amenity is a key component for site selection. In this case, a site was selected within a strip of land uses with a relatively low level of existing amenity. These sites feature primarily industrial with warehouse style buildings and some open storage yards amidst a wider commercial and residential context.

The specific location onsite was chosen for the following reasons:

• This location minimises the impacts on the primary use of the land for industrial purposes, the location was preferred by the land owner; and the location maximises separation distances from both McGregor Road and residential uses to the south.

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The design of the facility is the lowest impact option possible in order to achieve the minimum radio frequency requirements for the Smithfield area. The proposed monopole is 25 metres in height in order to adequately clear surrounding obstacles such as mature vegetation. The elevation also allows the facility to cover a broader area without interruption of the signal.

It is acknowledged that the proposal exceeds the Acceptable Outcome for maximum building height in the Mixed Use Zone code of 11 metres. However, it is argued that the visual and amenity impact of the proposal is not the same as a building of a comparable height and does not share many of the inherent characteristics of a tall building that can impact upon amenity. The slimline form casts a very narrow shadow that moves swiftly throughout the day. The form of the proposal is more comparable to a street lighting pole, a power pole, or the sporting field lights across McGregor Road.

The facility is able to be finished using green paint in order to complement the vegetated background from certain viewing angles. Whilst the site will be visible in the local context, it will not be visually obtrusive. The facility is likely to be visible from specific aspects from the northern facing backyards of dwellings to the south. However, the foreground for backyard users is obscured with vegetation and fencing on these northern boundaries. As such, the proposed facility will not form a dominant feature of the outlook.

EME and healthOptus acknowledges some people are genuinely concerned about possible health effects from the radiofrequency electromagnetic energy (EME) from mobile networks and phones and is committed to addressing these concerns responsibly. Optus relies on the expert advice of national and international health authorities such as the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) and the World Health Organization (WHO) for overall assessments of health and safety impacts.

Australia’s EME safety standard is based on extensive national and international research, and guidelines from the World Health Organization. The EME safety standard applies to all radio services, not just mobile base stations. In Australia, the standards for human exposure to electromagnetic emissions are set by ARPANSA, an agency of the Commonwealth Department of Health and Ageing. The standards, which are the safety standards recommended by the WHO, are set out in the ARPANSA Radiation Protection Standard-Maximum Exposure Levels to Radiofrequency Fields - 3 kHz to 300 GHz.

The maximum EME exposure level for this site is 0.95%, which is approximately 105 times less than the maximum safe public exposure limit as defined by ARPANSA.

Location of Telecommunications Facility at JCU

During the notification and assessment process submitters to the application made it known to Council that it would be preferable for the Telecommunications Facility to be located on the James Cook University campus. The submitters and applicants made attempts to contact JCU to discuss the possibility but did not receive a favourable response. It was requested that Council approach JCU to discuss the issue and the response from JCU was that there is no desire to locate such a facility on the campus.

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HEADWORKS / CONTRIBUTIONS:

The proposed development does not trigger Developer’s Headwork’s Contributions.

Kelly LordanPlanning OfficerAction Officer

Peter BoydManager Strategic Planning & Approvals

Kelly ReastonGeneral Manager Planning & Environment

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APPENDIX 1 APPROVED PLAN(S) & DOCUMENT(S)

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APPENDIX 2 – NOTICE OF INTENTION TO COMMENCE USE

Development PermitSustainable Planning Act 2009

NOTICE OF INTENTION TO COMMENCE USE

Development Permit 8/8/1467Date of ApprovalApproved Use Telecommunications FacilityLocation 101-103 McGregor Road SMITHFIELDProperty Description Lot 2 on RP747280

I/we are hereby notifying Cairns Regional Council of my/owe intention to commence theapproved use outlined above

on ___________________________________________ (insert date).

I have read the conditions of the Decision Notice issued and believe that all the applicableconditions have been complied with.

Applicant: _____________________________________

Address: ______________________________________

______________________________________

Contact Phone: ______________________________________

-------------------------------------------------------------Signature of Applicant/Owner

Date: ________________________

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