proposed telecommunications tower - lot 4785 … · 3.7 proposed telecommunications tower - lot...

Ordinary Meeting of Council 02 March 2016

3.7 PROPOSED TELECOMMUNICATIONS TOWER - LOT 4785 (NO.35) COMSERV LOOP, ELLENBROOK (DA884-15)

Ward: (Ellenbrook Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The application proposes the installation of Telecommunications Infrastructure (new telecommunication monopole, equipment shelter at ground level and installation of ancillary equipment, cabling, access and safety facilities) at Lot 4785 (No.35) Comserv Loop, Ellenbrook.

• The subject lot is zoned ‘Urban’ under the Metropolitan Region Scheme (MRS) and ‘Special Use 4' under the City's Local Planning Scheme No.17 (LPS17).

• The subject property is within the Ellenbrook Town Centre Commercial enterprise precinct and subject to the Schedule 4A – Ellenbrook Town Centre Zoning Table. Telecommunications Infrastructure is not a listed use and as such is defaulted to a 'D' discretionary use.

• The purpose of the tower is to replace a nearby Westnet Energy owned 80m guyed mast, which is being removed. The proposed tower is required to maintain telecommunication services in the Ellenbrook area.

• The proposal was advertised in accordance with Council’s Telecommunications (Mobile Phone) Facility Policy and 22 submissions were received, including 14 objections and 8 non-objections.

• The applicant has demonstrated that the proposal is consistent with the intent of Council’s Policy on Telecommunications Infrastructure to ensure that the appearance of such infrastructure does not detract from the visual amenity of the built and natural environment.

• The proposal is consistent with the Western Australian Planning Commission’s State Planning Policy 5.2 with regard to co-location and amenity requirements.

It is recommended that the Council approve the proposed Telecommunications Infrastructure at Lot 4785 (No.35) Comserv Loop, Ellenbrook.


AUTHORITY/DISCRETION

Council has discretion in accordance with Clause 10.3 of Local Planning Scheme No.17 (LPS17) to approve (with or without conditions) or refuse the application. If the applicant is aggrieved with the decision of Council, a right of appeal may exist in accordance with Part 3 of the State Administrative Tribunal Act and Part 14 of the Planning and Development Act 2005.

BACKGROUND

Applicant: Aurecon Australasia Pty Ltd. Owner: Green Park Pty Ltd (Directors: John David Raines and

Deniene Raines) & GAC Properties Pty Ltd(Director: Garry Albert Chapman)

Zoning: LPS17 - Special Use 4 MRS - Urban Strategy/Policy: WAPC State Planning Policy SPP 5.2 –

Telecommunications Infrastructure POL-C-059 - Telecommunication (Mobile Phone) Facilities

Development Scheme: Local Planning Scheme No.17 Existing Land Use: Commercial Lot Size: 10005m2 Use Class: Telecommunications Infrastructure “D”

DETAILS OF THE PROPOSAL

The application seeks approval to construct Telecommunications Infrastructure at Lot 4785 (No.35) Comserv Loop, Ellenbrook to form part of the Telstra network. The proposed Telecommunication Infrastructure entails the following:

• Installation of 1 monopole measuring 28.8m from natural ground level and set back 3.13m from the western boundary;

• A square headframe mounted on the monopole to a height of 30m;

• Twelve (12) panel antennae’s (4 future) each with a tower mounted amplifier behind (4 future) and eight (8) remote radio units mounted on the headframe;

• Four (4) future panel antennae’s at the 26.4m level;

• A low impact equipment shelter clad in Pale Eucalypt finished Colorbond with a concealed roof, not exceeding 7.5m2 floor area and 3m in height;

• Ancillary equipment necessary for the operation and proper functioning of the facility, including a 450mm wide cable tray and cabling; and

• 2400mm high security chain mesh fencing complementing existing Colorbond security fencing.


DESCRIPTION OF SITE

The subject site is located between two major reserves; The Broadway (a regional reserve-other blue road) and a 50m wide special use regional reserve. The northern portion of the lot contains a self-storage facility. The proposed Telstra lease area comprises a 54.5m2 fenced compound.

The proposed facility is set back approximately 60m from The Broadway and behind the existing storage shed, therefore it will be shielded from motorists view.

The nearest residences are located on Special Use zoned land approximately 70m to the west (Granesse Drive) and 100m to the east (Rocklea Crescent).

APPLICANT'S SUBMISSION

• Allowance has been made for 4 future Telstra antennae’s, in addition the monopole will enable emergency service providers or another provider to collocate at lower levels.

• No external flood lighting or aviation lighting is proposed.

• There were no co-location options within the search area. The nearest facilities are as follows:

o Western Power mast, Lot 1 Plaza Turn Ellenbrook, 761m to the south west (to be commissioned);

o Optus/Vodafone facility, Lot 1003 Verdelho Drive, The Vines 4.17km to the north west.

• The existing tower in the area, a Westnet Energy 80m guyed mast, is being decommissioned and therefore there is an immediate need to provide alternative facilities to maintain telecommunication services in Ellenbrook.

• Telstra has selected the least visually impactful structure necessary to achieve the required height to meet coverage objectives. The proposed location is such that the infrastructure will be substantively screened by existing vegetation when viewed from the west and by an existing commercial building when viewed from the north. Ground level equipment will additionally be colour matched. The monopole itself will naturally fade. Unpainted structures are deemed by State visual landscape policy to blend better against lighter backgrounds such as the sky.

• The applicant has provided photo montages of the tower as viewed from the three closest objector’s dwellings (see Image 1). These images demonstrate that only half of the tower will be visible in a worst case scenario and is either largely obscured by vegetation (see Image 3 and 4) or dwarfed by existing structures such as in scale by existing lighting structures (See Image 2 and 4).


PUBLIC CONSULTATION

The application for the proposed Telecommunications Infrastructure was advertised at the start of December 2015 and entailed the following:

• A sign placed on site;

• A notice placed in the local newspaper;

• Letters posted to landowners within a 200m radius of the subject lot boundary.

Twenty two (22) submissions were received, with 14 objections and 8 non objections. Details of submissions are outlined in the attached Schedule of Submissions. Those matters raised in submissions which are relevant to Council’s consideration of the application are discussed below.

DETAILS

The subject lot is zoned 'Urban' under the MRS and 'Special Use 4' under the City's LPS17. The site is subject to the Schedule 4A – Ellenbrook Town Centre Zoning Table. Telecommunications Infrastructure is not a listed use and as such is defaulted to a 'D' discretionary use.

The proposed use is classified as ‘Telecommunications Infrastructure' under LPS17 as it satisfies that land use definition prescribed within Schedule 1 of the City’s LPS17.

‘Telecommunications Infrastructure' means land used to accommodate any part of the infrastructure of a telecommunication network and includes any line, equipment, apparatus, tower, antenna, tunnel, duct hole, pit or other structure used, or for use in or in connection with, a telecommunications network and includes Radio and TV installations used for business purposes or commercial gain.

The objectives of the Special Use zones are to:

a) To provide for the development of a functional and cohesive community consistent with orderly and proper planning and in the interest of the amenity of the Estate;

City of Swan Local Planning Scheme No.17

Clause 5.8.1 of LPS17 outlines the matters to which the local government is to have regard in considering an application for Telecommunications Infrastructure. These are addressed as follows:

WAPC State Planning Policy SPP5.2 – Telecommunications Infrastructure

The SPP acknowledges the importance of providing telecommunications services to the community through the rollout of new networks but seeks for these to be developed in a manner that minimises the visual impact within the locality.

The proposal has demonstrated that co-location with an existing tower in the area is not feasible however there is scope on the proposed tower for future reservations of telecommunications providers and emergency services to co-locate on the structure. The construction of a new tower is the only option for addressing the service gap created by decommissioning the Western Power tower.


The applicant has demonstrated that the visual impact of the proposal is marginal with more than half of the tower obscured by the vegetation buffer or dwarfed by existing structures.

SPP5.2 does not provide any minimum setback distance for residential dwellings from telecommunications infrastructure however it is determined that the proposed development will not compromise the visual landscape values of the locality

City of Swan Policy Pol-C-059 Telecommunications (Mobile Phone) Facilities

The objectives of Council’s policy are to:

- Prescribe development standards for telecommunications facilities and promote a consistent approach in the preparation, assessment and determination of applications for development approval for telecommunications facilities;

- Manage the impact of telecommunication facilities on the built and natural environment, and the amenity of the area; and

- Promote co-locations of telecommunication infrastructure on existing or proposed telecommunication facilities.

The policy aims to avoid an unnecessary proliferation of telecommunications facilities and the proposal is compliant as it proposes to replace a facility that is being decommissioned in the immediate area. The 30m proposed tower, with its slimline design provides less impact on amenity than the 80m guyed mast facility being decommissioned.

The proposed tower is inconsistent with the provisions of POL-C-059, with regard to the required 200m setback distance from any dwelling with the nearest dwellings 70m and 100m away. The purpose of this setback is to ensure sufficient distance to offset the impacts of the height and bulk of the tower. The photomontages demonstrate that the bulk of the tower is largely obscured and that the existing setbacks are appropriate to reduce any impacts on amenity.

Health Impacts

The City’s policy acknowledges the investigations and findings of Commonwealth government agencies that telecommunications infrastructure such as that proposed do not emit levels of electromagnetic energy recognised as being harmful to human health.

A recent report (March 2014) prepared by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) Radiofrequency Expert Panel on the Review of Radiofrequency Health Effects Research – Scientific Literature 2000-2012 concludes that the underlying basis of the ARPANSA RF Exposure Standard remains sound and that the exposure limits in the Standard continue to provide a high degree of protection against know health effects of RF electromagnetic fields. Measurement surveys by ARPANSA demonstrate that environmental radiofrequency levels near base stations for the mobile telephone network are extremely low.

The City’s policy is consistent with State Policy in acknowledging that unsubstantiated concerns for public health cannot form the basis for refusal of applications for telecommunications facilities.

The City’s policy acknowledges the investigations and findings of Commonwealth government agencies that telecommunications infrastructure such as that proposed do not emit levels of electromagnetic energy recognised as being harmful to human health.


POL-TP-127 Building and Development Standards - Other Zones

POL-TP-127 does not prescribe a setback distance for Telecommunications Infrastructure therefore the setback area is to be negotiated with the Council at the time of an application for approval to commence development. It is noted that there is no neighbour on the western boundary, but a 50m wide regional reserve.

Property Values

This is not a valid planning consideration.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to grant approval for the Telecommunications Infrastructure (installation of a new telecommunication monopole, equipment shelter at ground level and installation of ancillary equipment, cabling, access and safety facilities) at Lot 4785 (No.35) Comserv Loop, Ellenbrook, subject to the following conditions:

1. This approval is for "Telecommunications Infrastructure" as defined under the City’s Local Planning Scheme No.17 and the subject land may not be used for any other use without the prior approval of the City.

2. This approval includes a new telecommunication monopole, equipment shelter and the installation of ancillary equipment, cabling, access and safety facilities as illustrated on the plans stamped date received by the City on 12 November 2015.

3. Any additional development, which is not in accordance with the application (the subject of this approval) nor any other condition of approval, will require further approval of the City.

Implications: The development can proceed.

This is the recommended option.

Option 2: The Council may resolve to refuse the proposed Telecommunications Infrastructure (installation of a new telecommunication monopole, equipment shelter at ground level and installation of ancillary equipment, cabling, access and safety facilities) at Lot 4785 (No. 35) Comserv Loop, Ellenbrook, for the following reasons:

1. The telecommunication infrastructure proposed will have an adverse impact on the visual amenity of the locality, inconsistent with the provisions of the City’s policy.

Implications: The applicant will have a right of review by the State Administrative Tribunal.

This is not the recommended option.


CONCLUSION

The application proposes the installation of a new telecommunication monopole, equipment shelter at ground level and installation of ancillary equipment, cabling, access and safety facilities at Lot 4785 (No.35) Comserv Loop, Ellenbrook (the subject lot).

The subject lot is zoned ‘Urban’ under the Metropolitan Region Scheme (MRS) and 'Special Use 4’ under the City's Local Planning Scheme No.17 (LPS17).

The application was advertised to owners of surrounding properties located within 200m of the subject lot. Twenty two submissions were received, including 14 objections and 8 non-objections.

The proposed tower is replacing an 80m guyed mast telecommunication facility located 761m away, which is being decommissioned. The proposed tower ensures that existing telecommunication services are maintained in Ellenbrook.

The applicant has demonstrated that the proposal is consistent with the intent of Council’s Policy on Telecommunications Infrastructure to ensure that the appearance of such infrastructure does not detract from the visual amenity of the built and natural environment.

The application is consistent with the State Planning Policy 5.2 with regards to co-location and amenity requirements.

ATTACHMENTS

Overall Site Plan

Development Plans

Coverage maps

Photographs of the site

Schedule of submissions

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Planning & Development Act 2005

Local Planning Scheme No.17


FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) Grant approval for the Telecommunications Infrastructure (installation of a new telecommunication monopole, equipment shelter at ground level and installation of ancillary equipment, cabling, access and safety facilities) at Lot 4785 (No.35) Comserv Loop, Ellenbrook, subject to the following conditions:

1. This approval is for "Telecommunications Infrastructure" as defined under the City’s Local Planning Scheme No.17 and the subject land may not be used for any other use without the prior approval of the City.

2. This approval includes a new telecommunication monopole, equipment shelter and the installation of ancillary equipment, cabling, access and safety facilities as illustrated on the plans stamped date received by the City on 12 November 2015.

3. Any additional development, which is not in accordance with the application (the subject of this approval) nor any other condition of approval, will require further approval of the City.

ADVICE NOTES: Standard advice notes apply

2) Advise the applicant/owner of the resolution of Council and relevant advice notes pertaining to the approval.

3) Advise all those that lodged submissions of the Council's decision.

CARRIED

proposed telecommunications tower - lot 4785 … · 3.7 proposed telecommunications tower - lot...

Documents