blue mountains local planning panel item no: 2.3 – …...improve local mobile services generally...

BLUE MOUNTAINS LOCAL PLANNING PANEL

ITEM NO: 2.3 – 17 DECEMBER 2018

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ITEM No. 2.3

REPORT: DEVELOPMENT APPLICATION No. X/148/2018 for a telecommunications facility (monopole, antennas and ancillary equipment) on Part Lot 2 DP 166578, No. 274-318 Hat Hill Road, BLACKHEATH NSW 2785

Reasons for report Land owned by Council; and

The proposal contravenes a standard imposed by an environmental planning instrument by more than 10%

RECOMMENDATION That Development Application X/148/2018 for a telecommunications facility (monopole, antennas and ancillary equipment) on Part Lot 2 DP 166578, No. 274-318 Hat Hill Road, BLACKHEATH NSW 2785 be determined in accordance with s4.16 of the Environmental Planning and Assessment Act, by the granting of consent subject to the conditions stated in Part of the this report.

Reasons in support of the recommended decision

1. The proposed use is permissible on the land

2. The development is compliant with relevant planning instruments and polices with the exception of building height

3. A variation to the development standard for building height is supported

4. The development will result in improved telecommunications services, a significant public benefit

5. The tower and compound is proposed to be located in a suitable location which minimises visual impact and impact on vegetation

Disclosure Disclosure of any political donation and/or gift - No

Declaration of interest Yes – commercial arrangement with Council as land owner

Report author/s Brian Mercer, Development Assessment Officer

Alex Williams, Executive Principal – Planning

Report authoriser Kim Barrett, Manager Development & Planning Services

PART 1 Development proposal

BLUE MOUNTAINS LOCAL PLANNING PANEL - ITEM NO. 2.3 - 17 DECEMBER 2018

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PART 2 Council assessment

PART 3 Proposed conditions of consent

BLUE MOUNTAINS LOCAL PLANNING PANEL - ITEM NO. 2.3 – 17 DECEMBER2018

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PART 1: Development proposal

Applicant Catalyst One Pty Ltd

Land owner Blue Mountains City Council

Location 274-318 Hat Hill Road, BLACKHEATH NSW 2785

Lot & DP Part Lot 2 DP 166578

Date lodged 26-Feb-2018

Value of works $200,000.00

Proposal in detail The application seeks approval for the installation of a new mobile phone tower consisting of:-

o a 30m monopole with a 3m top mounted triangular headframe,

o the attachment of 3 panel antennas on the headframe,

o the installation of an equipment cabinet at ground level,

o chain link perimeter security fencing,

o underground fibre routing from Hat Hill Road to the facility site,

o underground power supply from Godson Avenue, and

o ancillary equipment, including remote radio units, cabling, safe access methods, earthing, electrical works and air conditioning equipment.

The overall height of the tower with the head frame and panels is specified as 33m. The facility compound occupies a land area measuring 7.5m by 7.5m. The proposal is located wholly within Part Lot 2 DP 166578 in an existing cleared and open area adjacent bushland.

This proposal is intended to significantly improve mobile coverage and network reliability at Blackheath, particularly the eastern part of the village. The facility will also service a portion of the Great Western Highway in Blackheath, and improve local mobile services generally by relieving network congestion on existing base stations in the area.

The application was amended during the assessment process to locate the tower approx. 35m to the south of its originally proposed location, to avoid impact on identified rare native plants. The original and amended locations are shown on the site plans below.

Departure or variation to a development standard

The applicant has lodged a request to vary the development standard for


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building height.

Supporting documentation

The plans and documents lodged are considered sufficient to enable assessment of the application. The application is supported by:

o Architectural plans

o Electromagnetic energy (EME) report

o Statement of environmental effects

o Ecological assessment report

o Visual impact assessment

o cl.4.6 variation request

Documentation online Plans to scale and key documents lodged with the application can be viewed online. Go to www.bmcc.nsw.gov.au/development – Track and View applications. Search and select X/148/2018.

Reduced site and elevation plans are below.

https://www2.bmcc.nsw.gov.au/DATracking/Pages/XC.Track/SearchApplication.aspx?os=y&

http://www.bmcc.nsw.gov.au/development


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Site plan


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Amended site plan


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Site layout plan


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Elevation plan


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PART 2: Council assessment 2.1 Overview and summary of issues

Location 274-318 Hat Hill Road, BLACKHEATH NSW 2785

Lot & DP Part Lot 2 DP 166578

Zoning Zone E2 Environmental Conservation

Zone E3 Environmental Management

Characterisation of use Telecommunications facility

Permissibility The proposed development is permissible with consent within Zone E3 Environmental Management

Existing use rights The proposed development does not rely on existing use rights

Type of development Local

Commonwealth legislation

Telecommunications Act 1997

Telecommunications (Low-impact Facilities) Determination 2018

Applicable environmental planning instrument/s

o State Environmental Planning Policy No. 55 – Remediation of Land

o State Environmental Planning Policy (Infrastructure)

o Sydney Regional Environmental Planning Policy 20: Hawkesbury-Nepean River

o Local Environmental Plan 2015

o Development Control Plan 2015

Bushfire prone land The land is mapped as bushfire prone.

Heritage item or conservation area

The land is not listed as a heritage item or place of Aboriginal significance.

Potentially contaminated land

The land is not listed on the Council’s potentially contaminated land register and none of the activities that may cause contamination, listed in Table 1 of Planning NSW’s Managing Land Contamination Planning Guidelines, are being or are known to have been carried out on the site.

Site description The site comprises a single allotment of land having an area of approximately 6.8 hectares and a near level topography. The land is currently vacant and was developed c.1939 as an airfield. This use was abandoned in 1968. The location


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of the proposed facility is in a semi cleared and degraded area. Extensive areas of bushland adjoin to the north and west. The land to the south and east is cleared of vegetation and comprises a gravel surface being part of the former airfield runway. This part of the land is currently used as a dog off-leash area. Any potential for recommencement of the airfield use has been lost due to recent housing development in the western end of the former runway.

The neighbouring locality to the south west is primarily characterised by single dwelling residential development on residential size allotments. The nearest dwelling is at 110 Godson Ave, approximately 240m north-west of the facility site. Other dwellings are located more than 300m away to the west and east.

Hat Hill Rd provides access along a ridge top to the entrance of the Blue Mountains National Park approximately 2km north-east of the site. This section of Hat Hill Rd contains residential development. The National Park extends around the sides of the ridge top approximately 300m to the north-west and 350m to south-east measured from the outer boundaries of the site.

The land is owned by Council and is classified Operational Land under the Local Government Act 1993. A management plan does not apply to the site.

Background Blackheath is currently serviced by two existing Optus base stations – a shared lattice tower at 1-5 Lookout Street, and a shared Air Services Australia lattice


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tower at 459 Great Western Highway between Blackheath and Mount Victoria. Telstra and Vodafone are co-located at the Lookout Street tower.

The local undulating terrain prevents the Optus facilities from fully servicing the Blackheath village. The eastern part of the village, between the Great Western Highway and Pulpit Rock, is a particular service blackspot because of its distance from existing base stations, and much lower elevation. Network capacity in the village is also an issue because both established facilities are servicing a large catchment of users, especially during peak tourist times.

Catalyst One Resources, acting for Optus Communications, has investigated a number of sites in the Blackheath area and has identified 274-318 Hat Hill Road as the best location for a new telecommunications service. The application contains a list of other potential sites which have been investigated and discounted as unsuitable.

Catalyst One Resources approached Council in 2017 to make preliminary negotiations for a lease to use part of the subject site for the installation of a new mobile telecommunications facility. The lease if approved will provide rental income for Council.

At the Ordinary Meeting of 17 October 2017 the Council resolved:

1. That the Council endorses a proposed Telecommunications Lease for a portion of land at 274 - 318 Hat Hill Road, Blackheath, being Part Lot 2 DP166578, to Catalyst One Resources, acting for Optus Communications;

2. That the Council only accepts the establishment of a telecommunications tower and compound subject to the provider agreeing to the terms of a Council prepared Telecommunications Lease Agreement;

3. That the Council notes that the proposed Lease will only be entered into subject to the granting of a Development Consent and under Lease terms and conditions as agreed between Council and Optus Communications;

4. That the Council notes that the proposed Lease, if granted, will be subject to a $10,000 bond to ensure all proposed works on site are completed and the site is remediated to Council’s satisfaction; and

5. That the Council endorses the revenue received from the rental of this site being placed in Council’s Property Investment Fund (PIF).

(Minute No. 355).

City wide infrastructure contribution

The Citywide Infrastructure Contribution Policy applies. A contribution payment is required as a condition of consent.

The application is not made by on behalf of Blue Mountains City Council. Non-Council public utility services do not benefit from any of the exemptions under Part 3.10 of the Plan nor from any Directions made by the Minister under section 7.17.

Referral authorities Referrals were sent to the following authorities:


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o Sydney Water

o NSW Rural Fire Service (RFS)

o Office of Airspace Regulation (CASA)

o National Parks and Wildlife Service (NPWS)

Relevant comments have been included in the report.

Notification period The application was notified to adjoining owners within a 400m radius of the land and published in the local newspaper, for a period of 14 days from 14 March 2018 to 28 March 2018.

Number of submissions One (1) submission was received.

Summary of issues raised

Issues raised:

o Visual impact

Amendments The application was amended to move the facility location 35m to the south. Re-notification of the application was not necessary due to negligible, if any, increase in impact. The amendment has the benefit of an improved visual impact outcome for a neighbouring property, raised as an issue in the submission.

Summary of assessment issues

Key issues determined in the assessment are:

o Bushfire risk

o Visual impact

o Electromagnetic emissions

o Aviation airspace safety

o Environmental, social and economic impacts, the suitability of the site and the public interest.

Assessment issues are detailed below.

2.2 Evaluation The application has been assessed in accordance with s4.15 of the Environmental Planning and Assessment Act 1979 (EP&A Act). Only those provisions relevant to the proposed development have been addressed.

Commonwealth legislation The relevant Commonwealth legislation at the time the application was lodged on 26 February 2018 was the Telecommunications Act 1997 and the Telecommunications (Low-impact Facilities) Determination 1997. On 2 March 2018 the Telecommunications (Low-impact Facilities) Determination 1997 was repealed by the Telecommunications (Low-impact Facilities) Determination 2018.

Freestanding mobile phone towers are not classified as low-impact facilities and their installation requires local council approval under the Telecommunications Act 1997 and Part 3 of the Telecommunications (Low-


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impact Facilities) Determination 2018. The exemptions in the Act and Determination allowing development without consent therefore do not apply in this case.

State Environmental Planning Policy (SEPP) – s4.15(1)(a)(i)

The following tables provide for an assessment against the provisions applicable under State Environmental Planning Policies.

SEPP Infrastructure 2007

Standard Discussion Compliance Y/N

Clause 113 This clause defines a ‘Telecommunications Facility’ as:

(a) any part of the infrastructure of a telecommunications network, or

(b) any line, cable, optical fibre, equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network.

The proposed facility is a telecommunications facility under this definition.

Y

Clause 115 Subclause (1) provides that development for the purposes of telecommunications facilities, other than development without consent, exempt development or complying development in Division 21, may be carried out by any person with consent on any land. In this particular case the proposed development is a type of facility that requires consent, consistent with the provisions in the Telecommunications Act and Telecommunications Determination.

Subclause (2) requires that before determining a development application, the consent authority must take into consideration any guidelines concerning site selection, design, construction or operating principles for telecommunications facilities that are issued by the Director-General for the purposes of this clause and published in the Gazette. The relevant guideline in this case is the NSW Telecommunications Facilities Guideline Including Broadband 2010, published by Planning NSW. The principles of the Guideline are addressed below.

Y

NSW Telecommunications Facilities Guideline Including Broadband 2010

When considering a development application for a telecommunications facility, the consent authority must consider the four principles set out in this Guideline, and relevant Commonwealth legislation.


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Principle Considerations Consistent

Principle 1:

A telecommunications facility is to be designed and sited to minimise visual impact

The tower is in a location where it is unlikely to be easily identified with the exception of views of the facility from its immediate surrounds, including the surrounding cleared area and a small portion of Hat Hill Road. The site is on a former airstrip on near level terrain, in an area where there are no significant views or vistas. Established development is not in close proximity to the site. The site is not in a scenic protection area.

Ancillary facilities comprising an equipment shelter and perimeter fencing are housed at ground level with a prevailing bushland background.

The facility is located a sufficient distance into the site to minimise visual impact on the streetscape of Hat Hill Rd and Godson Ave.

The facility is centrally located on a plateau more than 470m from the boundaries of the Blue Mountains National Park, and approximately 900m from escarpments to the north-west and the south-east. The siting and height of the tower minimises its visual impact from a distance and from the National Park, as confirmed by the applicant’s Visual Impact Assessment. See further discussion at LEP 2015 cl.6.1(3) of this Report, below.

Y

Principle 2: Telecommunications facilities should be co-located wherever practical

The application satisfactorily demonstrates that co-location is not an available or practical option in this case. Co-location is not considered practicable where there is no existing tower or other suitable telecommunications facility that can provide equivalent site and technical specifications, including meeting requirements for coverage objectives, radio traffic capacity demands and sufficient call quality.

The nearest telecommunications tower is at 459 Great Western Highway Blackheath, 3.5 km west of the site, already used by Optus, which cannot fully meet the required coverage in Blackheath, in particular, the area along Hat Hill Rd.

The proposed new facility will not be perceived as a proliferation or unnecessary clutter of this type of facility in this location.

Y

Principle 3:

Health standards for exposure to radio emissions will be met.

The application contains an EME Environmental Report showing the predicted levels of electromagnetic energy surrounding the facility complies with the safety limits imposed by the Australian Communications and Media Authority and the Electromagnetic Radiation Standard, and

Y


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demonstrating compliance with the Mobile Phone Networks Code.

The application indicates the facility is designed, installed and can be operated so the maximum human exposure levels to radiofrequency emissions comply with the Radiation Protection Standard.

See further discussion at Likely Impacts - s4.15(1)(b) of this Report, below.

Principle 4:

Minimise disturbance and risk, and maximise compliance

Site disturbance

The site is a level and previously disturbed area of the former airfield. The proposed facility minimises further site disturbance and impacts on the natural attributes of the site.

Risk minimisation

The nearest airport is Katoomba Airfield at 178-180 Grand Canyon Rd Medlow Bath 5.6km to the south east of the site. This facility is not currently operating, but may recommence in the future.

A helipad is located 1.3km south of the site at the NPWS headquarters at the end of Govetts Leap Rd.

The siting and height of the proposed facility is required to meet the requirements of the Civil Aviation Regulations 1988 and Airports (Protection of Airspace) Regulation 1996 of the Commonwealth. The application was referred to CASA which has raised no issues but suggested an obstacle light may be necessary for NPWS helicopter pilots or other pilots who may use the nearby helipad at night.

The application was referred to NPWS which has provided confirmation that an obstacle light is considered necessary. The applicant has confirmed this can be provided.

The light will comply with the CASA Manual of Standards Part 139 – Aerodromes, Chapter 9 (Visual Aids Provided by Aerodrome Lighting), Section 9.4. Under the CASA MOS a Low Intensity light under s9.4.2.2 is to be installed – i.e. a steady red light on a structure less than 45m above ground level. Under s9.4.6.1 the characteristics of a low intensity obstacle light are:

a) fixed lights showing red; b) a horizontal beam spread that results in 360°

coverage around obstacle; c) a peak intensity of 100 cd minimum; d) a vertical beam spread (to 50% of peak intensity) of

10°;

Y


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e) a vertical distribution with 100 cd minimum at +6° and +10° above the horizontal; and

f) not less than 10 cd at all elevation angles between –3° and +90° above the horizontal.

The applicant has advised there is minimal light spill as the light will be oriented generally upward with only a -3° horizontal angle.

The inclusion of the light is addressed by consent condition.

Appendix B of the Guideline contains suggested standard conditions for inclusion in a development consent. Relevant conditions from Appendix B have been included in the recommended consent conditions in Part 3 to this Report.

SEPP 55 – Remediation of Land


cl.7

Contamination and remediation to be considered in determining development application

Consideration has been given to whether the land is contaminated, as required by cl.7 of the SEPP. The land is not listed on the Council’s potentially contaminated land register and none of the activities that may cause contamination, listed in Table 1 of Planning NSW’s Managing Land Contamination Planning Guidelines, are being or are known to have been carried out on the site. The prior use of the site as an airfield was confined to the landing of aircraft. No aircraft maintenance, associated industry or fuel storage is known to have occurred on the site.

Y

Sydney Regional Environmental Plan No.20: Hawkesbury Nepean River


cl.5.General planning considerations

cl.6 Specific planning policies and recommended strategies

The land is located in the Grose River subcatchment. The development has been assessed against the planning considerations as set out in Clause 5 and 6 of SREP 20 and is considered acceptable.

The proposal has been designed to comply with the general planning considerations and the specific planning policies and related recommended strategies which are applicable to the proposed development, including water quality, water quantity and urban development. In particular, the development contains minimal hard stand and will generate minimal stormwater run-off. There will be no adverse impact on riverine corridors, water quality, aquatic habitat, wetlands, water table, Aboriginal sites and

Y


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Sydney Regional Environmental Plan No.20: Hawkesbury Nepean River


flora / fauna communities.

Local Environmental Plan 2015 [LEP2015] – s4.15(1)(a)(i)

The proposed development has been assessed against the provisions of LEP 2015 with significant points identified and discussed below.

Part 1 Preliminary

Clause Standard Discussion Compliance Y/N

1.2

Aims of Plan

The development meets the aims of the plan, in particular

(a) to maintain the unique identity and values of the "City within a World Heritage National Park",

(c) to meet the needs of residents, visitors and the business community through the provision of an appropriate balance of land uses and built forms,

(d) to ensure that development does not result in adverse impacts on the values of the Greater Blue Mountains World Heritage Area,

(e) to conserve and enhance, for current and future generations, the ecological integrity, environmental heritage and environmental significance of the Blue Mountains,

(g) to preserve and enhance watercourses, groundwater, riparian habitats, wetlands and water quality within the Blue Mountains, the Hawkesbury-Nepean River catchment and Sydney's drinking water catchments,

(i) to limit exposure to bush fire hazards and to ensure that development of bush fire prone land incorporates effective measures that protect human life, property and highly valued environmental and other assets from bush fire, without unacceptable environmental impacts,

(l) to ensure that the social needs of existing and future residents are met through the provision of appropriate community facilities, open space and services.

Y

1.9A Suspension of covenants, agreements and instruments

A title search shows no covenants, agreements and instruments affecting the land.

Y


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Part 2 Permitted or prohibited development


Land Use Table

Permissibility The proposed use is categorised as telecommunications facility.

Telecommunications facility is defined in the Dictionary to the LEP as meaning:

(a) any part of the infrastructure of a telecommunications network, or

(b) any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or

(c) any other thing used in or in connection with a telecommunications network.

The proposed development is located in the part of the site in Zone E3 Environmental Management. Telecommunications facility is prohibited in Zone E3 but is permissible with development consent on any land under the provisions of cl. 115 of State Environmental Planning Policy (Infrastructure) 2007.

N, permissible under SEPP Infrastructure

2.3 Zone objectives The development generally meets the objectives of Zone E3, with the exception of:

• To ensure that the form and siting of buildings, colours, landscaping and building materials are appropriate for, and harmonise with, the bushland character of the area,

This is a direct consequence of the necessary form and function of the facility being inconsistent with the anticipated form of development permitted with consent in the zone.

N

Building

Clause Standard Target Proposed Compliance Y/N

4.3 Height of buildings

Building height is defined

8m The proposed tower has a height of 30m. This does not include the antenna attachment at

N, cl.4.6

exception sought


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in the LEP Dictionary as meaning the vertical distance between ground level (existing) and the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.

the top of the tower which is excluded in the building height definition (see left). The application seeks an exception to the development standard under Clause 4.6

4.4 Floor space ratio Reference to the Map shows a floor space ratio does not apply to the site.

NA

4.4A Site coverage and landscaped area

Max permitted site cover is 1672m² for the land area of 2.74ha.

A minimum landscaped area control does not apply.

There are no existing buildings on the site. The proposed development has a combined building site coverage of approximately 2.5m² (tower base and equipment shelter).

Y

4.4B Principal development area

Subclause (7) provides that this clause does not apply to development for the purpose of providing public utility services. Public utility services is defined in the LEP Dictionary to include telecommunications facilities.

A principal development area is therefore not required to be prescribed.

NA

Exceptions to development standards (cl.4.6)

Exception requested The applicant has requested a variation to the development standards to permit a building height in excess of the maximum permitted 8m.

Exclusions The development standard is not one of those excluded under cl.4.6(6) or 4.6(8).

Area of non-compliance Building height 8m – cl.4.3

Nature and extent of non-compliance

The non-compliance applies to the portion of the tower above 8m to its top height of 30m. This represents a 375% variation to the standard.

Objectives of the standard

(a) to ensure that the bulk of development is not excessive and relates well to the local context,

(b) to protect privacy and the use of private open space in new development or on adjoining land,

(c) to nominate heights that will provide a transition in built form and land use intensity,

(d) to ensure an appropriate height transition between new buildings and


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heritage items.

Justification Strict compliance is considered unreasonable as it would significantly compromise the operation of the facility.

Limiting the facility height to 8m would require the installation of additional same height facilities in multiple locations to achieve the same coverage, and would spread the visual impact, albeit on a smaller scale, into other locations. It is preferable in this case to contain the visual impact to one location where the impact is limited to that location only, where the visual intrusion is not significant due to topography and setting, and where equivalent coverage can be achieved. In this case a contravention of the standard can be justified.

The objectives are met in terms of:

a) Providing an appropriate degree of flexibility in the application of the building height control to this particular development by nature of its function.

b) Achieving a better outcome for and from the facility through a wider telecommunications coverage area from a 30m tower height than an 8m tower height.

Other considerations The non-compliance with the development standard does not raise any matter of significance for State or regional environmental planning.

Public benefit Public benefit in maintaining the planning controls adopted by the environmental planning instrument is not compromised by the variation.

Supported Yes

Part 5 Miscellaneous provisions


5.10 Schedule 5

Heritage conservation The site is not identified on the Map as a heritage item or draft item, and does not adjoin any listed or draft items adjacent or in the near vicinity of the site.

The nearest listed items are BH032 Redclyffe (dwelling) and BH087 Mount Booralee (dwelling) located more than 400m from the site of the facility. The proposed development will be partially visible from these properties but will have no adverse impact on the heritage significance of these items due to distance.

Y

5.10.8 Aboriginal places of heritage significance

A search of the AHIMS register on the OEH website on 18 January 2018 shows no aboriginal sites or places are identified on or within 50m of the land.

Y


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Part 5 Miscellaneous provisions


5.12 Infrastructure development and use of existing buildings of the Crown

The effect of this clause is to not restrict development permitted under SEPP Infrastructure.

Noted

Part 6 Additional local provisions

Impact on natural environment


6.1 Impact on environmentally sensitive land

The site contains land in Zone E2 Environmental Conservation which is environmentally sensitive land as defined in the LEP Dictionary. The proposed development, including the required 15m asset protection zone, does not extend into this Zone.

The applicant’s Flora and Fauna Assessment Report identifies the originally proposed tower location contains Blue Mountains Heath and Scrub, which is a scheduled vegetation community, and Sydney Ridgetop Forest containing the rare flora E. burgessiana (2 mature and 8 juvenile plants). The Report concludes the impact of the proposal is not significant, but does not suggest options to avoid or minimise the impact. Measures to avoid and minimise direct environmental impacts to identified Blue Mountains Heath and Scrub vegetation and associated rare flora are available and should be applied where possible.

An assessment of the Report and a site inspection have been conducted by the Council’s Environmental Scientist, who has recommended the facility be relocated south-east into the adjacent existing fully cleared area, a distance of approx. 35m.

In the event that some portion of the identified Blue Mountains Heath and Scrub vegetation remains unavoidably affected by the APZ, then selective (rather than complete) vegetation removal to achieve the APZ fuel reduction requirements can be considered acceptable.

The Council’s Property Section and the Community and Economic Branch have raised no objections to the relocation as recommended. The alternate location and the small footprint of the fenced compound will not impact on the usability of the land as a dog off-leash area.

Y


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The applicant has agreed to the alternate location. This location is shown on the amended site plan.

The Council can be satisfied the facility in the alternative location complies with cl.6.1(5) requiring development, including any clearing required for the asset protection zone, be designed, sited and managed to avoid any adverse environmental impact on the environmentally sensitive land.

6.1(3)

Development near Blue Mountains National Park

The site is not adjacent to or directly opposite the Blue Mountains National Park. The facility is centrally located on a wide near level ridgetop more than 400m from the closest boundaries of the Blue Mountains National Park, and approximately 800m or more from escarpments to the north-west and the south-east.

The top of the tower and the antenna array is potentially visible at a distance from several lookouts and public vantage points in the National Park. The application contains a visual impact assessment from Govetts Leap Lookout, Barrows Lookout, Evans Lookout, Pulpit Rock Lookout, Lockley’s Pylon and Mount Banks.

The assessment found the tower location, its distance from the boundaries of the National Park, the height of the surrounding tree canopy and surrounding topography will result in limited or no visibility depending on the location.

The Council can be satisfied the development location and design minimises any adverse impact on the scenic attributes of the National Park.

Y

6.3

Terrestrial biodiversity

The land is not identified as “Fauna Corridor” on the Natural Resources – Biodiversity Map. This clause therefore does not apply.

NA

6.4

Protected Area – slope constraint area

An area of 0.01% (6m²) of the land is identified as “Protected Area – Slope Constraint Area” on the Natural Resources – Land Map. The proposed development, including its 15m asset protection zone, is located outside the Protected Area. The Council can be satisfied the protection measures in subclause (3) are achieved.

Y

6.5 Protected Area – The land is not identified as “Protected Area – NA


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landslide risk Landslide Risk Area” on the Natural Resources – Land Map. This clause therefore does not apply.

6.6

Protected Area – vegetation constraint area

The land is not identified as “Protected Area – Vegetation Constraint Area” on the Natural Resources – Biodiversity Map. This clause therefore does not apply.

NA

6.7

Protected area – ecological buffer area

An area of less than 0.01% (3.68m²) of the land is identified as “Protected Area – Ecological Buffer Area” on the Natural Resources – Biodiversity Map. The proposed development, including its 15m asset protection zone, is located outside the Protected Area. The Council can be satisfied the protection measures in subclause (3) are achieved.

Y

6.8

Protected area – riparian lands and watercourses

The land is not identified as “Protected Area – Watercourses” and Protected Area – Riparian Land on the Riparian Lands and Watercourses Map. This clause therefore does not apply.

NA

6.9

Stormwater management

The proposed development has a building site coverage of 2.5m² (tower base and equipment shelter) and no paved areas. The small area of hardstand and the use will have no adverse impact on stormwater drainage on the site, adjoining properties, native bushland or downstream receiving waters. The water can sheet flow onto the surrounding ground surface.

Y

6.10 Flood Planning

The land is not identified on the Flood Liable Land Map. This clause therefore does not apply.

NA

6.12 Protected area – escarpment

The land is not identified as “Protected Area – Escarpment” on the Scenic and Landscape Values Map. This clause therefore does not apply.

NA

6.13 Protected area – land between towns

The land is not identified as “Protected Area – Land Between Towns” on the Scenic and Landscape Values Map. This clause therefore does not apply.

NA

6.14

Earthworks

The proposed development is small in scale and will require only minimal earthworks for the footings to support the tower and equipment shelter. Power to the site will be undergrounded from Godson Ave

Y


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using boring techniques. The matters in subclause (3) have been considered. There will be no detrimental impact on environmental functions or processes, neighbouring uses, cultural or heritage items or features of the surrounding land.

6.15

Bush rock removal

The land has been modified from the time of its use as an airstrip. There is no bush rock present within the development footprint or immediate surroundings.

Y

Impact on built environment


6.17

Consideration of character and landscape

This clause applies to Zone E3 Environmental Management in relation to the design and character of residential development.

The proposed tower is inconsistent with the scale, form, design and materials of the residential built form in the locality, by nature of its necessary form and function as a utility facility. This is not considered to be a significant issue in this remote location.

N

6.18

Period housing area

The land is not identified as “Period Housing Area” on the Built Character Map. This clause therefore does not apply.

NA

6.19

Design excellence

The land is not shown edged heavy blue on the Built Character Map. This clause therefore does not apply.

NA

6.20

Active street frontages

The land is not identified as “Active Street Frontage” on the Active Street Frontages Map. This clause therefore does not apply.

NA

6.21

Sustainable resource management

Consideration has been given to the matters in subclause (2). The development cannot reasonably achieve any of the listed ecologically sustainable development practices by nature of its necessary form and function.

N

6.23 Essential Services

The development site has suitable vehicular access. The electricity service requires extending to

Y


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the site. Water, sewerage and stormwater drainage services are not required.

The site is located in a Sydney Water Priority Sewerage Program area. Sydney Water requires all types of development within a Priority Area to be referred for comment. The application was referred as required and Sydney Water has provided the following comment: We have reviewed the application and have determined that this development does not require assessment by Sydney Water at this stage.

6.24 Council infrastructure development

The development is not Council infrastructure development. This clause therefore does not apply.

NA

Part 7 Additional local clauses – development in villages


7.1 Development in villages The Built Character Map shows the land is not located in a Precinct. This clause therefore does not apply.

NA

Proposed planning instruments – s4.15(1)(a)(ii)

There are no draft environmental planning instruments that apply to the site.

There are no draft planning proposals that apply to the site.

Development Control Plan 2015 – s4.15(1)(a)(iii)

The proposed development has been assessed against the provisions of the Development Control Plan 2015 with significant points of consideration identified and discussed in the table below.

Part B Context, site analysis and design


B1 Site and context analysis The potential impacts of the development and measures to visually and physically integrate the

Y


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Part B Context, site analysis and design


proposal within the location have been considered.

B2 Building envelope Building height

The application seeks to vary the standard applying to building height. This is addressed at LEP 2015 cl.4.6 above.

Site cover

The building site cover complies with LEP 2015 cl.4.4A.

Other controls

There are no controls applying to floor space ratio, building setback and landscaped area.

N, variation requested

Y

NA

B3 Character and design These provisions apply only to precinct areas on the LEP 2015 Built Character Map and to residential development. The clause does not apply to this development.

NA

Part C Environmental management


C1 Biodiversity and Natural resources

The applicant contains an ecological report which confirms the presence of rare plant species E. burgessiana (2 mature and 8 juvenile plants) in the originally proposed footprint of the tower and fenced compound.

This matter has been addressed in detail at LEP 2015 cl.6.1 above. The development will have no significant impact on the natural environment in its amended location.

Y

C2 Bushland and weed management

Noxious and environmental weeds are not present within the development footprint / lease area.

Y

C3 Landscaping The site contains native plant regrowth which is sparse and low in nature. No landscaping is proposed as part of the development.

Y

C4 Bushfire The land is mapped as bushfire prone and falls within Flame Zone. The application was referred to the NSW Rural Fire Service for comment. The

Y


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Part C Environmental management


proposal is supported by the RFS subject to standard recommended conditions. These are included in Part 3 of this report. Of note, the RFS requires a 15m asset protection zone (the application specifies only 10m). The site is large enough to accommodate the additional 5m. This will not extend into the adjacent bushland following the agreed repositioning of the facility further into the existing cleared area.

C5 Tree and vegetation preservation

The development footprint as amended is in a previously cleared and open area of the site. No trees or significant stands of vegetation are affected.

Y

C6 Water management The proposal has minimal hard surface areas. There are no requirements for stormwater management in this case.

Y

Part E Site development and management


E1 Services Electricity is to be extended from Godson Avenue to the site. The conduit is to be bored below ground at a depth of 1m. There is potential for rock to be encountered which may result in an aerial connection being necessary. This can be achieved with minimal visual or environmental impact.

The facility does not contain toilets or other sanitary facilities. Sewer connection is not required.

The site does not require mains water. Water connection is not required by NSW Rural Fire Service.

The application was referred to Sydney Water which advised that it has determined that this development does not require assessment by Sydney Water.

Y

E2 Traffic, parking and access

The site has existing vehicle access from Hat Hill Road, and a parking area at the site frontage. These are adequate to service the facility.

Y


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Part E Site development and management


E4 Site management Standard consent conditions apply to the mitigation of construction noise and operational noise.

Y

E5 Safety and security The facility is to be enclosed by a 2.4m chainlink security fence to prevent unauthorised access.

Y

E6 Waste management The development will not generate regular waste requiring removal by a contractor.

Y

Planning Agreement – s4.15(1)(a)(iiia)

There are no planning agreements that apply to the proposed development or the subject site.

Regulations – s4.15(1)(a)(iv)

The Environmental Planning and Assessment Regulation, provides controls and regulations that relate to the management of the proposed development. These requirements are inherent in the assessment processes undertaken for the proposal.

Fire safety and other considerations


Fire safety Cl.93 and cl.94 of the Regulation do not apply. NA

Conditions of consent The relevant prescribed conditions have been included in the consent conditions.

Likely impacts – s4.15(1)(b)

Likely impacts on the natural and built environment

Issue Discussion

Aviation airspace Katoomba Airfield is located in Medlow Bath within 5km of the site. This facility is presently not operating but may recommence in the future. The application was referred to Office of Airspace Regulation for comment. The following response was received:

CASA has no major comments on the proposed monopole at 274-318 Hat Hill Road, Blackheath. At 30m AGL, the monopole is not a significantly tall structure. Unless there is low Emergency Services or Defence helicopter traffic in the area for some reason, Section 7.10 ‘Aviation Safety’ in the Statement of Environmental Effects is correct. The NPWS helicopter pilots (or pilots who might use the helipad at night) would be in a better position than CASA to decide


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Issue Discussion if an obstacle light is necessary.

Comment was sought from the National Parks and Wildlife Service which has confirmed an obstacle light is considered necessary. This requirement is included in the Proposed Consent Conditions in Part 3 of this Report.

Bushfire protection The application was referred to the NSW Rural Fire Service for advice, in accordance with Section 4.13 of the Environmental Planning and Assessment Act 1979. The RFS has provided recommended conditions for asset protection zones, utilities, access, design and construction, and landscaping which have been included in the Proposed Consent Conditions in Part 3 of this Report. The RFS conditions can be reasonably met by the development and their implementation will have no adverse impact on the natural and built environment. In particular, the 15m asset protection zone will not adversely impact on native vegetation. The RFS comments and conditions were provided to the applicant who has raised no concerns.

Electromagnetic radiation

The application contains an environmental EME report prepared by Optus. This documentation provides calculations of EME levels from existing facilities and the proposed new facility on the site, shows predicted levels at 0m to 500m radii from the tower, and compares the predicted EME against the relevant government standards. The report shows the maximum predicted levels calculated for the proposed facility is 0.65% of the maximum permitted public exposure limit.

Limits for general public exposure to radiofrequency (RF) transmissions at frequencies used by wireless base stations are specified in the Radiation Protection Standard entitled Maximum Exposure Levels to Radiofrequency Fields – 3 kHz to 300 GHz (2002) published by the Federal Government’s Australian Radiation Protection and Nuclear Safety Agency (ARPANSA).

According to its website, ARPANSA is the Australian Government's primary authority on radiation protection and nuclear safety. ARPANSA regulates Commonwealth entities using radiation with the objective of protecting people and the environment from the harmful effect of the radiation. ARPANSA undertakes research, provides services, and promotes national uniformity and the implementation of international best practice across all jurisdictions.

The issue of public exposure to radiofrequency (RF) transmissions has been the subject of judicial review in the Land and Environment Court on a number of occasions. The Chief Judge, in Telstra Corporation Limited v Hornsby Shire Council [2006] NSWLEC 133, considered the precautionary approach advocated by Australian Standard RPS3. At [98], [99], [100] [101] and [102] he states in part:

98 It is not appropriate for a court to set aside or disregard such an authoritative and scientifically credible standard as the Australian Standard RPS3…


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Issue Discussion

99 Nor is it appropriate for a court to pioneer standards of its own. The creation of new standards is the responsibility of other authorities with special expertise, such as ARPANSA. ...

100 The Court should accept and apply the Australian Standard RPS3...

101 The Australian Standard RPS3 embraces a precautionary approach. The exposure limits set are conservative relative to the scientific evidence on biological effects of exposure to RF fields. There are margins for safety in the basic restrictions and associated reference levels. The reference levels are based on worst case assumptions...

102 Another precautionary approach advocated by the Australian Standard RPS3 is, in relation to the general public, to adopt the principle of: "Minimising, as appropriate, RF exposure which is unnecessary or incidental to achievement of service objectives or process requirements, provided this can be readily achieved at reasonable expense. Any such precautionary measures should follow good engineering practice and relevant codes of practice. The incorporation of arbitrary additional safety factors beyond the exposure limits of this Standard is not supported": section 5.7(e) of Australian Standard RPS3 at p.29.

Having regard to the submitted documentation the Council can be satisfied Optus has followed this precautionary approach. The proposal in effect generates a maximum EME much lower than the ARPANSA standard.

Visual impact Mobile phone towers are visually prominent by nature of their necessary form and function. Co-location of facilities with existing towers and base stations serves to mitigate the effects of multiple facilities on the landscape. This option is generally the primary preference for service providers and is also more cost effective than establishing a new separate facility. Blackheath is currently serviced by two existing mobile phone base stations - a shared lattice tower at 1-5 Lookout Street, and a shared Air Services Australia lattice tower on the Great Western Highway between Blackheath and Mount Victoria. Neither location reliably services the eastern part of Blackheath which is a service blackspot, particularly indoors.

Alternative co-location opportunities have been investigated. These locations were considered unsuitable for reasons of inadequate coverage, inadequate site access, close proximity to dwellings or inability to obtain leases. The location at 274-318 Hat Hill Rd was considered best for its elevation, distance from dwellings, limited visual impact and proximity to a bushland backdrop.

A visual impact assessment was carried out by the applicant to illustrate the visual impact arising from the facility as proposed. The smallest tower capable of achieving a feasible level of service is utilised. Optus required their antennas to be mounted at a height of over 30m to provide a feasible coverage solution. A slim monopole rather than a lattice tower or mast, is used to reduce the visual


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Issue Discussion bulk of the facility. The antennas are mounted as close as possible to the pole, resulting in a visually ‘cleaner’ solution than use of a larger headframe. It is proposed to colour the facility in a non-reflective grey – grey towers tend to blend best with the skyline, and also generally blend into the bushland colour palette.

The facility is proposed in a location well away from scenic areas (such as lookouts or vistas), heritage precincts and established residences. While the facility will protrude above the surrounding landscape, by virtue of its height, there is little development in the immediate area that will be affected.

The visual impact assessment in Part 7 of the Statement of Environmental Effects includes a number of photographic images to show the effect on the landscape from several key vantages points in the locality. As expected, the tower protrudes above the surrounding skyline and will be visible from some distance. However the tower will not be visible from most areas of Blackheath due to the height of local tree cover in these areas.

The top of the tower and the antenna array is potentially visible from public vantage points in the National Park. This is addressed in a separate visual impact assessment and in detail at LEP 2015 cl.6.1(3) above. The visual impact assessment indicates the location and design of the tower minimises any adverse impact on the scenic attributes of the National Park.

Given the advantages of improved telecommunications services to the public it is considered the facility provides a public benefit which outweighs any general loss in visual amenity.

It is considered that the development does not have an adverse impact on the natural and built environment.

Likely social impacts

Discussion

It is considered that the development is likely to have positive social benefits from improved telecommunications access for the general community and emergency services during emergency events, and particularly for the safety and welfare of human life.

Likely economic impacts

Discussion

The development is likely to have positive economic benefits from improved telecommunications access for local businesses and consumers. The development will provide rental income for Council.


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Suitability of the site for the development – s4.15(1)(c)

Site suitability The site is considered suitable for the proposed facility for the following reasons:-

o Centrality of location and adequacy of elevation which provides optimum telecommunication coverage and improved network performance.

o Best available location from sensitive sites and for minimal visual impact.

o Current and future uses of the site not constrained.

o Minimal environmental impact on vegetation, stormwater and bush fire protection.

Submissions – s4.15(1)(d)

Notification and / or exhibition

Consultation was undertaken in accordance with the requirements of Part H (Public Participation) of Blue Mountains Development Control Plan 2015 and the requirements under the Environmental Planning and Assessment Regulations.

Notification The application was advertised in the Blue Mountains Gazette for 14 days from 14 March 2018 until 28 March 2018. Written notification was also sent to adjoining and nearby properties within 400m of the tower. One (1) submission was received.

The following issues were raised in the submissions and are addressed as follows.

Issue Comment

1. Visual impact of facility from nearby dwelling

A submission was received from the owners of the nearest residential premises. The submission requests the relocation of the facility 150m to the north-eastern end of the property to reduce visual impact when viewed from the premises.

A copy of the submission was provided to the applicant. The applicant’s response indicates relocation further north-east for the distance suggested would significantly impact the service feasibility of the tower.

Optus states: Given the location of the residence, and local terrain features, we do not expect that the tower will be obviously visible from 110 Godson Avenue.

• The Optus facility is well separated from the residence, being approximately 180m from the lot boundary. The actual residence is approximately 200m from the Optus tower.

• Between the Optus facility and Godson Avenue, there is a heavily vegetated buffer at least 100m wide. Much of the vegetation is over 10m in height. There are also large trees on the northern side of Godson Avenue, between the road and the residence. Vegetation will provide substantial and effective screening of the Optus facility.


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Submissions – s4.15(1)(d)

Notification and / or exhibition

• The house is not oriented toward, and does not have an aspect to, the proposed tower. Further, the house sits at an elevation much lower than both Godson Avenue and the proposed Optus facility – the house retains minimal views to the southeast because of the terrain.

We do not expect that the facility will be visible from the residence in question, given the house is well set back and buffered by thick bushland. In the worst case, there may be some partial views of the tower through the trees, but the tower is not expected to be a visual focal point from this residence.

The Optus response includes view line diagrams and photos that demonstrate minimal visual impact from the dwelling. A follow-up site inspection confirmed the submitted information correctly confirms minimal visual impact from this dwelling. The relocation of the tower 32m south of the original location will further reduce visual impact from the neighbour’ property.

Public interest – s4.15(1)(e)

Public interest The proposed facility is considered to be in the public interest for the following reasons:-

a) Improved telecommunications for the Blackheath community, providing a greater level of connectivity and a more reliable service, thereby contributing to a better quality of life.

b) Improved access to emergency services, such as in a bush fire event or natural disaster.

The facility is not considered to contrary to public interest for reason of potential health impacts of electromagnetic radiation, due to the predicted transmission frequencies falling well below the maximum exposure levels prescribed by the Federal Government’s Australian Radiation Protection and Nuclear Safety Agency (ARPANSA).


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PART 3 Proposed conditions of consent

A. GENERAL

Confirmation of relevant plans and documentation

1. To confirm and clarify the terms of consent, the development shall be carried out in accordance with the following plans and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent:

Document Prepared by: Drawing No Issue Date

Draft Site Layout Optus S2757-P1 01 5.07.2017

Draft Site Elevation Optus S2757-P2 01 5.07.2017

Environmental EME Report Optus - - 13.12.2017

Statement of Environmental Effects

Catalyst One Pty Ltd NA06064.01 01 January 2018

In the event of any inconsistency between the conditions of this consent and the drawings/documents referred to above, the conditions of this consent prevail.

Construction certificate 2. A construction certificate is required prior to the commencement of any building works. This certificate can be issued either by Council as the consent authority or by an accredited certifier.

Building Code of Australia 3. All building work must be carried out in accordance with the provisions of the Building Code of Australia.

Occupation Certificate 4. The building shall not be used or occupied prior to the issue of an Occupation Certificate in accordance with Sections 109H and 109M of the Environmental Planning and Assessment Act 1979.

Sydney Water stamping of plans

Prior to works commencing

5. The Council stamped approved plans must be submitted to a Sydney Water Quick Check agent to determine whether the development will affect any Sydney Water wastewater and water mains, stormwater drains and/or easement, and if any requirements need to be met. Plans will be appropriately stamped.

Please refer to the web site www.sydneywater.com.au for:

• Quick Check agent details – see Plumbing, building and developing, and

• Guidelines for Building Over/Adjacent to Sydney Water and Wastewater Assets – see Plumbing, building and developing, or telephone 13 20 92.

A copy of the stamped plans or other documentary evidence from Sydney Water’s accredited agent demonstrating that the plans have been stamped by them is to be submitted to the Principal Certifying Authority prior to works commencing.

City-wide Local 6. In accordance with the Blue Mountains City Council City-wide Local Infrastructure

http://www.sydneywater.com.au/


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Infrastructure Contribution Contributions Plan adopted 27 June 2017 (“the Contributions Plan”), a contribution of $2,000.00 shall be paid to Council.

This amount will be adjusted* at the time of payment in accordance with Section 3.7 of the Contributions Plan.

The contribution shall be paid prior to the issue of a Construction Certificate.

The Contributions Plan is available for inspection at Council’s offices or on Council’s website at www.bmcc.nsw.gov.au.

*Using the All Groups Consumer Price Index (Sydney), as published by the Australian Bureau of Statistics. You are advised to check the current amount payable with Council prior to any payment.

Hoarding / fencing 7. To ensure the protection of the public during site and building works,

construction fencing shall be provided around the construction site to the requirements of NSW Workcover Authority.

Site management 8. To safeguard the local amenity, reduce noise nuisance and to prevent

environmental pollution during the construction period:

• Stockpiles of topsoil, sand, aggregate, spoil or other material shall be stored clear of any drainage path or easement, natural watercourse, footpath, kerb or road surface and shall have measures in place to prevent the movement of such material off site.

• Building operations such as brickcutting, washing tools, concreting and bricklaying shall be undertaken on the building block, with pollutants contained on site.

• Builders waste generated under this consent (including felled trees, tree stumps and other vegetation) must not be burnt or buried on site.

• All waste must be contained and removed to an approved Waste Disposal Depot or in the case of vegetation, with the exception of environmental and declared noxious weeds, mulched for re-use on site.

Erosion & sediment controls 9. To preserve the unique environment of the Blue Mountains and to contain soil

and sediment on the property, controls in accordance with the Development Control Plan are to be implemented prior to clearing of the site vegetation and the commencement of site works. This will include:

• The installation of a sediment fence with returned ends across the low side of the site so that all water flows through. These shall be maintained at no less than 70% capacity at all times. Drains, gutters, roadways etc., shall be kept clean and free of sediment.

Soil erosion fences shall remain and must be maintained until all disturbed areas are restored by turf, paving or revegetation.

Obstacle light 10. To ensure aviation airspace safety, due to a nearby helicopter landing facility, a low intensity obstacle light shall be fitted to the top of the tower to CASA Manual of Standards Part 139 – Aerodromes, Chapter 9 (Visual Aids Provided by


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Aerodrome Lighting), Section 9.4. The light shall be in operation as soon as the tower and headframes are erected.

Perimeter fencing 11. To provide for the visual amenity of the location the perimeter chain wire fencing

and gates shall have a black coated finish.

Protection of vegetation

12. Prior to the commencement of works the rare flora E. burgessiana (2 mature and 8 juvenile plants) shall be identified on site and protected during construction works by the erection of temporary perimeter fencing. Any vegetation to be removed to meet the bushfire protection requirements for an Inner Protection Area shall not include the rare flora.

Removal of infrastructure 13. The facility and associated infrastructure is to be removed from the site by the

applicant at the conclusion of the use or lease arrangement and at no cost to Council. The easement for underground power shall be extinguished and the power cables safely disconnected and removed.

B. NSW PLANNING TELECOMMUNICATIONS FACILITIES GUIDELINE CONDITIONS

Long Service Levy NSW Planning Telecommunications Facilities Guideline standard condition NSW Planning Telecommunications Facilities Guideline standard condition

14. Payment of the prescribed Long Service Levy Fee is to be made to Council prior to the issue of a Construction Certificate.

Airspace NSW Planning Telecommunications Facilities Guideline standard condition

15. The Council must, prior to the release of the Construction Certificate, be given a report:

(a) showing compliance with any relevant site and height requirements specified by the Civil Aviation Regulations 1988 and the Airports (Protection of Airspace) Regulations 1996 of the Commonwealth, and

(b) showing that it does not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 30 kilometres of the proposed development and reported to the Civil Aviation Safety Authority Australia.

Construction Management contact telephone number NSW Planning Telecommunications Facilities Guideline standard condition

16. Prior to the commencement of the works the Applicant shall forward to the Council a 24 hour telephone number to be operated for the duration of the construction works.


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Erosion and sediment control NSW Planning Telecommunications Facilities Guideline standard condition

17. All erosion and sediment control measures are to be effectively maintained for the duration of the construction works and until such time as all ground disturbed by the works has been stabilised and rehabilitated so that it no longer acts as a source of sediment.

Compliance report NSW Planning Telecommunications Facilities Guideline standard condition

18. Prior to the commencement of works, the Applicant, or any party acting upon this consent, shall submit to the Council a report addressing compliance with all relevant conditions of this consent.

Approved plans to be on-site NSW Planning Telecommunications Facilities Guideline standard condition

19. A copy of the approved and certified plans, specifications and documents incorporating conditions of approval and certification shall be kept on the site at all times and shall be readily available for perusal by any officer of Council or the PCA.

Site notice NSW Planning Telecommunications Facilities Guideline standard condition

20. A site notice(s) shall be prominently displayed at the boundaries of the site for the purposes of informing the public of project details. The notice(s) is to satisfy all but not be limited to, the following requirements:

(1) Minimum dimensions of the notice are to measure 841mm x 594mm (A1) with any text on the notice to be a minimum of 30 point type size;

(2) The notice is to be durable and weatherproof and is to be displayed throughout the works period;

(3) The approved hours of work, the name of the site/project manager, the responsible managing company (if any), its address and 24 hour contact phone number for any inquiries, including construction/noise complaint are to be displayed on the site notice.

Compliance report NSW Planning Telecommunications Facilities Guideline standard condition

21. The applicant shall ensure that the 24 hour contact telephone number is continually attended by a person with authority over the works for the duration of the development and this is displayed for public viewing at the entrance to the site.

Noise and Vibration NSW Planning Telecommunications Facilities Guideline standard condition

22. The hours of construction, including the delivery of materials to and from the site, shall be restricted as follows:

(1) between 7:00 am and 5:00 pm, Mondays to Saturdays inclusive;

(2) no work on Sundays and public holidays.

Works may be undertaken outside these hours where:

(1) the delivery of materials is required outside these hours by the Police or other authorities; or

(2) it is required in an emergency to avoid the loss of life, damage to property


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and/or to prevent environmental harm; and

(3) residents likely to be affected by the works are notified of the timing and duration of these works at least 48 hours prior to the commencement of the works.

Impact of Below Ground (Sub-surface) Works – Aboriginal Relics NSW Planning Telecommunications Facilities Guideline standard condition

23. If any previously unidentified Aboriginal archaeological relics are exposed during construction works, the Applicant shall immediately cease work and notify the DECCW in accordance with the National Parks and Wildlife Act 1974 and obtain any necessary approvals to continue the work. Works shall not recommence until an appropriate strategy for managing the objects has been determined in consultation with the DECCW and the applicant receives written authorisation from the DECCW.

Road Damage NSW Planning Telecommunications Facilities Guideline standard condition

24. The cost of repairing any damage caused to Council or other Public Authority’s assets adjoining the subject site as a result of construction works associated with the approved development, is to be met in full by the applicant prior to the issue of an Occupation Certificate.

Electromagnetic Emissions NSW Planning Telecommunications Facilities Guideline standard condition

25. Where the development is part of infrastructure for a public mobile phone network – the Council must, before commencement of use, be given:

(i) in the case of development that will produce electromagnetic radiation-a report in the format required by the Australian Radiation Protection Nuclear Safety Agency that shows the predicted levels of electromagnetic energy surrounding the development comply with the safety limits imposed by the Australian Communications and Media Authority and the Electromagnetic Radiation Standard, and

(ii) a report showing compliance with the Australian Communications Industry Forum Industry Code entitled ACIF C564:2004 Deployment of Mobile Phone Network Infrastructure.

C. BUSHFIRE PROTECTION CONDITIONS The intent of measures is to minimise the risk of bush fire attack and provide protection for emergency services personnel, residents and others assisting fire fighting activities. To achieve this, the following conditions shall apply:

Asset Protection Zones NSW Rural Fire Service

26. At the commencement of building works, and in perpetuity, the area around the proposed Telecommunications enclosure shall be managed as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones' as follows:

• West, North and East: Inner Protection Area (IPA) for a distance of 15 metres (Defensible space); and,

• South IPA to the property boundary.

Utilities 27. The provision of electricity shall comply with section 4.1.3 of 'Planning for Bush


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NSW Rural Fire Service

Fire Protection 2006'.

Access NSW Rural Fire Service

28. The intent of measures for property access is to provide safe access to/from the public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation. To achieve this, the following condition shall apply:

• The proposed property access road (driveway) shall comply with section 4.1.3 (2) of ‘Planning for Bush Fire Protection 2006’.

Design and construction NSW Rural Fire Service

29. The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following condition shall apply:

• The proposed works shall be constructed from non-combustible materials.

Landscaping NSW Rural Fire Service

30. Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'.

General Advice:

The NSW Rural Fire Service recognises that the site is constrained and that the proposed development falls within the Flame Zone. Flame Zone development is high risk development; consequently, in situations such as this, the Service seeks to improve the overall fire safety of the existing development. This requires greater emphasis on construction standards, landscaping, siting, and vegetation management practices to ensure improved levels of protection are afforded to the development, its occupants and fire fighters. The Service has undertaken a merit based assessment of the proposal and provides the above advice in accordance with 'Planning for Bush Fire Protection 2006'.

Noise mitigation

31. Air conditioners and associated equipment shall be operated in such a manner that noise and vibration from the use of the equipment does not adversely affect the nearest residence. In this regard, noise and vibration from the use of any air conditioners and associated equipment shall not exceed the background level by more than 5dB(A), measured at the nearest affected residence.

Acoustic report

32. Upon receipt of any justified complaint in relation to noise pollution emanating from the facility, an acoustical assessment is to be carried out in accordance with the requirements of the NSW Environment Protection Authority - NSW Noise Policy for Industry and provide recommendations to mitigate the emission of offensive noise from the premises. The report shall be prepared by an appropriately qualified acoustic consultant that is a member of the Association of Australian Acoustic Consultants or membership of the Australian Acoustical Society (MAAS) and shall be submitted to Council for consideration.

Protection of the Environment Operations Act 1997

33. Any activity carried out in accordance with this approval shall not give rise to air pollution (including odour), offensive noise or pollution of land and/or water as defined by the Protection of the Environment Operations Act 1997.


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Waste

34. All waste generated on the site is to be stored, handled and disposed of in such a manner as to not create air pollution (including odour), offensive noise or pollution of land and/or water as defined by the Protection of the Environment Operations Act 1997.

D. ENGINEERING CONDITIONS

Approval under the Roads Act 1993

35. Before work commences in Council's roads, plans and specifications are to be submitted to and approved by the Council under the Roads Act 1993 (Road Opening Permit).

All works in Council's road are to be at no cost to Council

Construction in Council’s roads

36. Prior to the commencement of works in the Council’s road reserve an onsite preconstruction meeting is to be arranged with Council’s Supervising Engineer.

The person or company carrying out the works are required to have workers compensation and public liability insurance to the value of at least $10 million. The policy shall indemnify the Council from all claims arising from the execution of the works. Proof of the policy is to be provided to the Council’s Supervising Engineer at the preconstruction meeting.

Inspections of the works will be required at specific stages, which will be advised at the pre-construction meeting. The applicant will be required to pay for the inspections in accordance with the Council’s Schedule of Fees and Charges.

A minimum 48 hours notice is required to book an inspection. Works are not to proceed further until that stage of the works has been approved in writing by the Council’s Supervising Engineer.

Repair of damage

37. The applicant shall repair or reconstruct all damages caused by construction activity relating to the development as required by the Council's Supervising Engineer prior to release of any Occupation Certificate

Certification by Council

38. Prior to the issue of the Occupation Certificate, a certificate shall be obtained from Council to verify that all works within the road reserve have been completed in accordance with the approved plans and to Council’s satisfaction.

Easement over underground power line

39. Prior to the issue of the Occupation Certificate, the Principal Certifier shall be satisfied that an easement for underground power has been registered over Council’s land.

The process for Council’s endorsement of the easement documents should be commenced as early as possible, because satisfaction of Council’s requirements, such as valuation, surveyor’s and other reports, may take some time.

blue mountains local planning panel item no: 2.3 – …...improve local mobile services generally...

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