proposed telecommunications infrastructure - lot 342 old … · 2017-01-20 · ordinary meeting of...

Ordinary Meeting of Council 18 January 2017

3.5 PROPOSED TELECOMMUNICATIONS INFRASTRUCTURE - LOT 342 OLD TOODYAY RD, RED HILL (DA169/16)

Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The application proposes the installation of new telecommunications infrastructure at Lot 342 Old Toodyay Road, Red Hill (the subject lot). The infrastructure comprises a circular headframe mounted above a 40m high monopole and ancillary structures.

• The application is one of three proposals submitted to the City for telecommunications infrastructure associated with the rollout of the Federal Government National Broadband Network (NBN). The other applications will be presented to Council for consideration in due course.

• The subject lot is zoned ‘Rural’ under the Metropolitan Region Scheme (MRS) and ‘Landscape’ under Local Planning Scheme No.17 (LPS17). Telecommunications infrastructure is a ‘D’ (discretionary use) in the zone.

• With the exception of setbacks to lot boundaries, the proposal complies with relevant State and Local Planning Policies.

• The application was advertised to owners of land within 200m of the proposed infrastructure. Signs advertising the proposal were erected in the vicinity of the site and a notice was placed in the local newspaper. One public submission was received expressing concerns regarding the advertising process followed by City staff, and perceived adverse health and visual impacts.

• A visual landscape assessment submitted in support of the application has been reviewed, and the development proposed is not considered to adversely impact the landscape characteristics of the area.

It is recommended that the Council approve the proposed Telecommunications Infrastructure at Lot 342 Old Toodyay Road, Red Hill subject to conditions.

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 Australia Owner: Adam Roujal Zoning: LPS17 - Landscape MRS - Rural Strategy/Policy: State Planning Policy 5.2 – Telecommunications

Infrastructure Local Planning Policy POL-C-059 – Telecommunication (Mobile Phone) Facilities Policy Local Planning Policy POL-TP-126 – Building and Development Standards – Rural Zones

Development Scheme: Local Planning Scheme No. 17 Existing Land Use: Grouped dwellings Lot Size: 6.4ha

DETAILS OF THE PROPOSAL

The infrastructure is associated with the rollout of the Federal Government National Broadband Network and comprises of:

• 1x 42m high monopole

• 2x panel antennas

• 1x parabolic dish antenna

• 2x outdoor cabinets (ground level)

• 2.4m high security compound fencing

• Retaining wall

It is proposed to install the infrastructure in the north-east corner of the subject lot, set back 4m from the front (northern) boundary and 10m from the side (eastern) boundary.

The infrastructure is designed to accommodate additional carriers should another seek to install their equipment on the tower in accordance with the Telecommunications Act 1997.

DESCRIPTION OF THE SITE

The subject lot is located approximately 7km north-east of Midland and at the most eastern end of Old Toodyay Road. Adjoining land comprises the John Forrest National Park to the north and east, and rural residential uses to the south and west. The subject lot currently comprises a single house, ancillary dwelling and outbuildings.


PUBLIC CONSULTATION

The proposal was advertised for a period of 21 days. One objection was received citing the following concerns:

• Adverse health impacts

• Adverse visual impact

• Location of advising signs erected during the public consultation period

CONSULTATION WITH OTHER AGENCIES

The application was referred to the following agencies:

• Department of Parks and Wildlife; and

• Perth Airport.

No objections were received.

DETAILS

Land Use and Permissibility

Telecommunications Infrastructure is a ‘D’ (discretionary) land use in the Landscape zone. The objectives of the zone are to:

a) Provide for low density rural residential development and associated rural-residential activities, recognising the visual characteristics of the landscape;

b) Ensure as far as practicable that the environment and landscape characteristics of the area are not compromised by development and use of the land for either rural or residential purposes;

c) Encourage the rehabilitation of degraded areas through selected replanting of indigenous flora.

At 42m high (157.65m AHD), the infrastructure will be visible from adjoining properties, the John Forrest National Park, and from a distance. A Visual Landscape Assessment submitted in support of the application demonstrates the impact the telecommunication infrastructure will have on the landscape values from selected sites. An initial review of the assessment raised concerns with respect to the infrastructure, and potential impact on view corridors available from a lookout on Toodyay Road (approximately 135m north of the proposed infrastructure) – see Figure 12 of the attached Visual Landscape Assessment (2016). A physical inspection of the site supports the author’s position - that the visual impact is moderated by existing vegetation (which will substantially screen the infrastructure from view) and the quality of and direction of the vista. It is also noted the lack of infrastructure at the lookout does not encourage visitors to remain in the location for an extended period of time. City staff are satisfied the landscape values of the area will not be compromised by the development proposed and the proposed development does not compromise the landscape characteristics of the area.


Possible Risk to Human Health or Safety

In their submission on the application, a nearby resident raised concerns regarding the possible health risks associated telecommunications infrastructure. Specific concerns presented as part of their submission are as follows:

a) concern regarding the connection between telecommunications infrastructure and public health impacts;

Both the Council’s Policy POL-C-059 – Telecommunications (Mobile Phone) Facilities Policy Local and State Planning Policy 5.2 – Telecommunications Infrastructure adopts the Australian Communications Authority (ACA) position on perceived health effects of telecommunication and radio communications infrastructure; specifically that emissions are generally low and unlikely to pose a threat to human health. In support of this position, a report on Electromagnetic Emissions (EME) from the proposed facility has been provided in support of the proposal, demonstrating that emissions from the facility will fall well below acceptable human exposure levels as stipulated under relevant standards.

b) Questioned the use of private rather than public land (i.e. John Forest National Park), suggesting that the choice of location may be an attempt for the government to remove itself from liability should compensation claims health related issues linked to the infrastructure be made in the future;

As outlined above, it is widely accepted that EME from telecommunications infrastructure generally do not pose a risk to human health and it has been demonstrated that EME from this particular facility fall well below the acceptable standards. The facility will be regulated through the licensing requirements of the Australian Radiation Protection and Nuclear Safety Agency (ARPNSA). It is not considered necessary to consider alternative locations for the infrastructure in order to safeguard liability in the event of a claim to compensation.

c) Possibility of the use of underground cables as a safer alternative to above-ground infrastructure

Underground cables are commonly utilised to deliver internet service in urban areas where the density of development and associated demand on services warrants the construction of such infrastructure. On the other hand, wireless facilities such as that proposed, are generally preferred in rural areas given the need for extensive area coverage and significantly reduced demand. Notwithstanding the alternatives to the telecommunications infrastructure proposed and the benefits of such alternatives, the infrastructure subject to this particular application is required to be considered on its individual merit.

Siting and Design

Council’s Local Planning Policy POL-C-059 – Telecommunication (Mobile Phone) Facilities Policy seeks to manage the visual impact of telecommunications infrastructure and provides guidance with respect to the acceptable siting and design of such facilities across the City. The monopole (slim-line design) is set back in excess of 200m from the nearest neighbouring dwelling therefore complies with the provisions of this policy. While the structure will be visible from other land, the visual impact is considered to be acceptable.


Setbacks

The monopole structure is not set back from lot boundaries in accordance with the provisions of Local Planning Policy POL-TP-126 – Building and Development Standards (Rural Zones). The reduced setbacks to the northern and eastern boundaries (4m in lieu of 30m and 10m in lieu of 20m) are considered appropriate given the adjoining and adjacent properties are reserved (John Forrest National Park), whereby expectations of amenity are less than that generally expected of land where a wider range of land uses can generally be considered. The subject lot is located at the end of a cul-de-sac, where traffic volumes are limited.

Community Service or Benefit Resulting from the Development

The applicant claims there is no existing telecommunication infrastructure within the vicinity of the subject site suitable for the needs of the NBN. Infrastructure of this nature therefore is required in the locality in order for the wider community to benefit from the rollout of the NBN and resultant improvement to internet services.

Nature of Advertising

In addition to those concerns raised with regards to the actual development, the person who objected to the proposal raised issue with the extent of advertising undertaken by the City, suggesting the location of signs and extent of advertising did not allow for local residents to be adequately informed on what was being proposed. Advertising of the application comprised:

• A notice in the local newspaper

• Letters to landowners within 200m of the site

• 2x signs erected within the vicinity of the site

Located at the end of a rural, cul-de-sac, the subject site is quite isolated. The decision regarding the appropriate location of signs advertising the proposal was therefore based on locations of public interest (Toodyay Road lookout) and slow vehicle movements, from which the infrastructure may be possible. The City contacted all individual land owners within 200m in writing, inviting comments on the proposal as per Council’s Policy POL-C-059 – Telecommunications (Mobile Phone) Facilities Policy.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to grant approval for the proposed Telecommunications Infrastructure at Lot 342 Old Toodyay Road, Red Hill, subject to conditions

Implications: The development can proceed.

This is the recommended option.


Option 2: The Council may resolve to refuse the proposed Telecommunications Infrastructure at Lot 342 Old Toodyay Road, Red Hill for the following reason:

1. The telecommunications infrastructure proposed will have an adverse impact on the landscape values of the locality and the amenity of other land in the locality.

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

This is not the recommended option.

CONCLUSION

The application proposes to construct telecommunications infrastructure at Lot 342 Old Toodyay Road, Red Hill associated with the rollout of the Federal Government National Broadband Network. The network’s rollout will significantly improve internet services to the north-east metropolitan area. Following advertising, one submission on the application was received. The submission raised concerns regarding adverse health and visual impact of the infrastructure proposed and perceived faults in the advertising process followed by the City.

At 42m high, the infrastructure will be visible from other land in the locality, however as demonstrated in the submitted Visual Landscape Assessment, this impact is considered acceptable. The report on Electromagnetic Emissions demonstrates that exposure to emissions as a result of the installation of the infrastructure is well below the maximum exposure limits considered acceptable in accordance with relevant standards.

It is recommended the application be approved subject to conditions.

ATTACHMENTS

Location Plan

Development Plans

Planning Report

Visual Impact Assessment

Electromagnetic Emissions Report

STRATEGIC IMPLICATIONS

Nil.


STATUTORY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

Nil.

VOTING REQUIREMENTS

Simple majority

RECOMMENDATION

That the Council resolve to:

1) Approve the proposed Telecommunications Infrastructure at Lot 342 Old Toodyay Road, Red Hill 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 monopole, equipment shelter and the installation of ancillary structures and equipment as illustrated on the plans stamped date received by the City on 15 March 2016.

3. Within 6 months of the decommissioning of the use of the infrastructure, all structures subject of this approval shall be demolished and removed from site by the owner of the land. The land shall be restored to a condition that is similar to its condition before the facility was constructed to the satisfaction of the City.

4. 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 who have made a submission of Council’s decision accordingly.

CARRIED

Red Hill nbn Visual Landscape Assessment 21 November 2016 Revision 1 Page 20

VIEWPOINT 3 – LOOK OUT, TOODYAY ROAD Viewing Location Lookout, on Toodyay Road Coordinates -31.847569, 116.065677 Zoning/Land Use Lookout, Regional Reserve (Parks & Recreation) Viewing Distance Approx. 150m separation, looking in a south westerly direction Visual Impact Whilst providing views toward the Swan Coastal Plain we understand

that the significance of this location is somewhat reduced due to a combination of the lack of elevation and vegetation obscuring views, limited infrastructure for visitors, and alternative lookouts in close proximity affording prominent views of the city skyline.

The proposed monopole is highly visible from several viewpoints at the vehicle rest/ lookout area on Toodyay Road.

The majority of the length of the lookout is screened with vegetation and it is only several points where the view is unobscured from vegetation as evidenced Figures 13, 14 & 15.

The steel tower is not proposed to be colour-treated. The natural finish will be less visually intrusive than a darker shade, particularly against lighter backgrounds such as the sky. Additionally, the pole will weather over time and the initial reflectivity will reduce.

Figure 12: Viewshed Location 3 Toodyay Road Lookout

Red Hill nbn Visual Landscape Assessment 21 November 2016 Revision 1 Page 21

Figure 13: Lookout area facing south west, vegetation obscuring view

Figure 14 & 15: Lookout area facing south, vegetation obscuring view

proposed telecommunications infrastructure - lot 342 old … · 2017-01-20 · ordinary meeting of...

Documents