Proposed Telecommunications Infrastructure - Lot 17 (No.228 ......Ordinary Meeting of Council 30...

Ordinary Meeting of Council 30 November 2016

3.7 PROPOSED TELECOMMUNICATIONS INFRASTRUCTURE - LOT 17 (NO.228) SAWPIT ROAD, BULLSBROOK (DA595-16)

Ward: (North Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The application, on behalf of the Optus Mobile Network seeks approval from the City to construct ‘Telecommunications Infrastructure’ comprising a 51 metres tall lattice tower at Lot 17 (No.228) Sawpit Road, Bullsbrook.

• The subject lot is zoned ‘Rural’ under the Metropolitan Region Scheme (MRS) and ‘General Rural’ under the City’s Local Planning Scheme No.17 (LPS17). ‘Telecommunications Infrastructure’ is considered a ‘D’ use within the zone.

• Surrounding land uses include small scale rural uses with the nearest neighbouring dwelling located 375m to the south east of the proposed location of the telecommunications infrastructure.

• The application was advertised at the start of September by way of a sign placed on site; two notices placed in the local paper; and letters posted to landowners within a 200m radius of the subject lot boundary. During the advertising period a total of 5 submissions were received by the City; 3 non-objections and 2 objections.

• The application was referred to the Department of Defence due to the close proximity to RAAF Base Pearce.

• The proposal is considered consistent with the City of Swan's Local Planning Scheme No.17 and relevant Local Planning Policies.

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

It is recommended that the Council resolve to approve the proposed Telecommunications Infrastructure at Lot 17 (No.228) Sawpit Road, Bullsbrook.

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: Daly International Owner: Ellen By Tree Farm Zoning: LPS17 - General Rural MRS - Rural Strategy/Policy: State Planning Policy 5.2 – Telecommunication

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

Development Scheme: Local Planning Scheme No. 17 Existing Land Use: Single House Lot Size: 12.2259 hectares Use Class: Telecommunications Infrastructure (D).

DETAILS OF THE PROPOSAL

The application seeks approval to construct Telecommunications Infrastructure at Lot 17 (No.228) Sawpit Road, Bullsbrook to form part of the Optus mobile network. The proposed Telecommunication Infrastructure entails the following:

• Installation of one (1) 51m high lattice tower;

• Three (3) new panel antennas each measuring less than 2.8m, to be mounted to the top of the tower on a triangular head frame at the top of the tower (allowing an antenna centre line of 50m);

• Two (2) new parabolic dish antennas;

• One (1) new equipment shelter with a floor area of 7.5m2, to be located adjacent to the base of the new lattice tower;

• Ancillary equipment associated with the operation of the facility; and

• The facility is to be located within a 140m2 compound enclosed by a 2.4m high chain-link security fence.

• The antennas and other equipment will be finished in a standard factory grey colour and the shelter will be coloured ‘pale eucalypt.

The application proposes to utilise an existing access point off Warbrook Road, Bullsbrook as opposed to Sawpit Road. The access point is currently only used occasionally.


DESCRIPTION OF SITE

The subject lot is located on the north east end of Sawpit Road at the intersection of Sawpit Road and Warbrook Road, Bullsbrook. The land is zoned 'General Rural' under LPS 17.

The subject lot comprises a single dwelling and shed located in the southern portion of the property with access provided from Sawpit Road. The topography of the locality is considered flat with large, mature vegetation located throughout the property.

Surrounding land use includes small scale rural uses with the nearest neighbouring dwelling located 375m to the south east of the proposed telecommunications infrastructure.

The subject site is located within a 15km radius of RAAF Base Pearce which prescribes building height controls to ensure the safety of aircraft on approach, departure and low flying manoeuvres. Structures higher than 45m require approval under the Defence (Areas Control) Regulations [D (AC) R].

APPLICANT'S SUBMISSION

The applicant has provided the following submission in response to the public consultation period:

“A telecommunications facility must have suitable height to function correctly; furthermore it must be located within the target area in order to achieve the coverage objectives for the site. In this instance, Optus has identified significant demand for coverage by users in and around northern Vines and southern Bullsbrook, in particularly the railway line and Railway Parade. Furthermore, it is recognised that the future Northlink Road will create additional demands for the network in this area. The height and location of the proposal are required to achieve these coverage needs.”

PUBLIC CONSULTATION

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

• A sign placed on site;

• Two notices placed in the local newspaper;

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

During the advertising period 5 submissions were received by the City. Of the 5 submissions, 3 were non objections and 2 were objections to the development. The objections cited the impact on visual amenity, inappropriate location and zoning for the tower to be located within, inconsistent with the rural zoning, proximity to Pearce Airbase and low-flying aircraft, decrease in property value, and the potential to increase the tower height and health concerns. Those matters raised in submissions which are relevant to Council’s consideration of the application are discussed below.


It should be noted that objections to the proposal based on concerns that property values would be adversely affected by the proposal is not a valid planning consideration. It is advised that additional increase in height of the tower would require further planning approval from the City.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The application was referred to the Department of Defence due to the close proximity of the development to the RAAF Pearce Base. Given the height of the tower will exceed 45m, the applicant will be required to obtain approval under the Defence (Areas Control) Regulations [D (AC) R], and no construction will be permitted until such approval is obtained. The concerns about the proximity to Pearce Airbase and low-flying aircraft are not a concern of the City but rather the Department of Defence.

DETAILS

The subject lot is zoned ‘Rural’ under the Metropolitan Region Scheme (MRS) and ‘General Rural’ under the City’s LPS17.

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

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

This is a ‘D’ use in the General Rural zone, meaning the use is not permitted unless the local government has exercised its discretion by granting planning approval. The Local Planning Scheme allows for the use to be considered within the ‘General Rural’ zone, meaning the infrastructure is not within an inappropriate zone.

The objectives of the General Rural zone are to:

a) Facilitate the use and development of land for a range of productive rural activities, which will contribute towards the economic base of the region;

b) Provide for limited range of compatible support services to meet the needs of the rural community, but which will not prejudice the development of land elsewhere which is specifically zoned for such development;

c) Ensure the use and development of land does not prejudice rural amenities, and to promote the enhancement of rural character; and

d) Ensure that development and land management are sustainable with reference to the capability of land and the natural resource value.

Consideration of the application against these zoning objectives is facilitated by reference to the requirements of both state and local planning policies pertaining to this infrastructure as follows:


State Planning Policy 5.2 – Telecommunications Infrastructure:

The State Planning Policy acknowledges the importance of providing telecommunications services to the community through the rollout of new networks but seeks for this to occur in a balanced manner that minimises the visual impact on the surrounding area.

The policy states that telecommunications infrastructure should be sited and designed to minimise visual impact and wherever possible:

(a) be located where it will not be prominently visible from significant viewing locations such as scenic routes, lookouts and recreation sites;

(b) be located to avoid detracting from a significant view of a heritage item or place, a landmark, a streetscape, vista or panorama whether viewed from public or private land;

(c) Not be located on sites where environmental, cultural heritage, social and visual landscape values may be compromised and

(d) display design features including scale, materials, external colours and finishes that are sympathetic to the surrounding landscape.

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

The objectives of Council’s Policy are to:

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

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

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

The question of Optus co-locating on an existing telecommunications tower to service the area examined the feasibility of two existing towers. One is owned by Axicom at No.2133 Great Northern Highway which is situated some 3.8 kilometres to the east of the proposed site and the other is owned by Optus at 200 Almeria Parade which is situated some 4.7 kilometres to the south of the subject site. In both instances Optus have advised that these are too remote to provide adequate coverage for their target area.

The facility in nonetheless designed to provide for other carriers to co-locate upon it, consistent with the state and local planning policy requirements.

With respect to the visual impact on the landscape of this part of the Bullsbrook locality the following is offered:

- There are no significant viewing locations in this part of Bullsbrook west of Railway Parade that would be impacted by the proposed tower. The topography is relatively flat with no elevated viewing locations nor scenic routes from which to view the proposed tower.

- There are no significant features in the landscape which the proposed tower may detract from.


- The subject lot has no identified significant environmental, cultural, social or visual landscape value. The lot is cleared pasture with remnant vegetation along the line of a watercourse which runs north-east to south-west through the land.

- Existing mature vegetation onsite and on surrounding lots within the vicinity will effect various degrees of screening of the lower half of the proposed tower.

- This part of the Bullsbrook locality is relatively sparsely populated. The nearest residence to the location of the proposed tower is some 375 metres, which exceeds the 200 metre separation distance set out in the City’s local planning policy for the purposes of protecting visual amenity.

- Of the two objections received the one which raised adverse impact on the rural environment is from a rural landholding company which owns the uninhabited lot to the immediate north of the site. The other did not cite visual impact per se but rather expressed concern with his land being devalued.

- The setbacks of the proposed tower and ground equipment from the rear and side boundaries of the lot are, at 4 and 3 metres respectively, less than the General Rural standards specified in Council’s Policy on building and development standards in Rural zones. These setbacks have not been objected to by the adjoining landowners and are not considered to adversely impact the rural use of those lands.

Health Concerns:

Concern about future health issues associated with the development and the long-lasting negative effect on communities nearby was raised in one of the submissions received by the City. The City’s policy acknowledges the investigations and findings of Commonwealth government agencies that telecommunications infrastructure such as that proposed do not emit levels of electromagnetic energy recognised as being harmful to human health.

The City and State Planning Policies are consistent in acknowledging unsubstantiated concerns for public health cannot form the basis for refusal of applications for telecommunications facilities.

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

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to grant approval for the Telecommunication Infrastructure and the ancillary facilities at Lot 17 (No.228) Sawpit Road, Bullsbrook, subject to the following conditions:

1. This approval is for “Telecommunication 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 prior approval of the City.

2. This approval includes a new telecommunication tower, equipment shelter and the installation of ancillary equipment as illustrated on the plans stamp date received by the City on the 2 August 2016.


3. Any additional development, which is not in accordance with the application (the subject of this approval) or any other condition of approval will require further approval of the City.

Implications: The development can proceed.

This is the recommended option.

Option 2: The Council may resolve to refuse the proposed Telecommunications Infrastructure at Lot 17 (No.228) Sawpit Road, Bullsbrook, for the following reasons:

1. The telecommunication infrastructure will have an adverse impact on the visual amenity of the locality.

2. The proposed telecommunication infrastructure is inconsistent with the provisions of the City’s policy POL-TP-126 and POL-C-080.

3. The proposed telecommunications infrastructure is inconsistent with State Planning Policy 5.2 and POL-C-059 with regards to co-location and joint coordinated rollout requirements.

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

This is not the recommended option.

CONCLUSION

The application seeks approval to construct Telecommunications Infrastructure at Lot 17 (No.228) Sawpit Road, Bullsbrook to form part of the Optus Mobile Network.

The subject lot is zoned ‘Rural’ under the MRS and ‘General Rural’ under the City’s LPS17.

The application was advertised to owners located within a 200m radius of the subject lot. During the advertisement period there was a total of 5 submissions received, of which 2 were objections.

The application was referred to the Department of Defence due to the close proximity to RAAF Base Pearce. The Department of Defence had no objection to the proposal; however the applicant will require separate approval from the department prior to the construction of the infrastructure.

The proposal is considered consistent with the City of Swan's Local Planning Scheme No.17 and relevant Local Planning Policies.

The proposal is consistent with the Western Australian Planning Commission's State Planning Policy (SPP) 5.2 – with regard to co-location and amenity requirements.

It is recommended that Council resolve to approve the proposed Telecommunications Infrastructure at Lot 17 (No.228) Sawpit Road, Bullsbrook.


ATTACHMENTS

Location Plan

Site Plan

Elevation Drawings

Photomontage for illustrations of visual impact

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

Local Planning Scheme No.17

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) Grant planning approval for the Telecommunications Infrastructure and the ancillary facilities at Lot 17 (No.228) Sawpit Road, Bullsbrook, subject to the following conditions:

1. This approval is for ‘Telecommunication 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 prior approval of the City.

2. This approval includes a new telecommunication tower, equipment shelter and the installation of ancillary equipment as illustrated on the plans stamp date received by the City on the 2 August 2016.

3. Any additional development, which is not in accordance with the application (the subject of this approval) or any other condition of approval will require further approval from the City.

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

3) Advise those who submitted on the proposal of Councils decision.

MOTION that the Council resolve to:

1) Defer consideration of this matter to a future Ordinary Meeting of Council

2) Record the reason for changing the staff recommendation is to allow the proponents, officers and residents to meet, to discuss the placement of the telecommunications tower at a further distance from the neighbouring property's boundary.

(Cr Henderson – Cr Kovalevs)

RESOLVED UNANIMOUSLY TO:

1) Defer consideration of this matter to a future Ordinary Meeting of Council

2) Record the reason for changing the staff recommendation is to allow the proponents, officers and residents to meet, to discuss the placement of the telecommunications tower at a further distance from the neighbouring property's boundary.

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Proposed Telecommunications Infrastructure - Lot 17 (No.228 ......Ordinary Meeting of Council 30...

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