Ordinary Meeting of Council 27 September 2017 Page 1 3.4 PROPOSED TELECOMMUNICATIONS INFRASTRUCTURE - LOT 285 (NO.158) HARDWICK ROAD, MILLENDON (DA530-16) Ward: (North Ward) (Statutory Planning) Disclosure of Interest: Nil. Authorised Officer: (Executive Manager Planning and Development) KEY ISSUES • The original application for the installation of a 40m high monopole, radio transmission equipment and ancillary works for the purposes of delivering the National Broadband Network (NBN) was refused by Council at its meeting of 12 April 2017 for the following reasons: 1) The telecommunications infrastructure will have an adverse impact on the visual amenity of the locality. 2) The proposed telecommunications infrastructure is inconsistent with the provisions of the City’s policy POL-TP-126 and POL-C-80. 3) The proposed telecommunications infrastructure is inconsistent with State Planning Policy 5.2 and POL-C_059 with regards to co-location and joint co- ordinated rollout requirements. • The application has been taken on Review to the State Administrative Tribunal. After two mediation meetings, the first of which included two of the surrounding residents, the applicant has submitted a revised proposal reducing the height of the proposed monopole from 40 metres to 30 metres. • Pursuant to s.31 of the State Administrative Tribunal Act 2004, the SAT has invited the City to reconsider its decision by 27 September 2017. If the Council’s decision is not reconsidered the matter is programmed to proceed to a Hearing on 6 and 7 November 2017. • The application is proposed on land zoned ‘Rural’ under the Metropolitan Region Scheme (MRS) and ‘Swan Valley Rural’ under the City’s Local Planning Scheme No.17 (LPS17). The development falls within the land use of ‘Telecommunications Infrastructure’ which is a ‘D’ discretionary land us within the Scheme. • The land is located within Area B of the Swan Valley Planning Act 1995. In accordance with Part 3 of the Standing Orders the application was referred to the Swan Valley Planning Committee (SVPC) and considered at its meeting on 3 October 2016 where it was resolved that the proponent consider co-location with other infrastructure facilities in this area. Should Council resolve to recommend approval for the development the application will require referral to the Western Australian Planning Commission (WAPC) for their determination in accordance with the MRS.
Authorised Officer: (Executive Manager Planning and Development)
KEY ISSUES
• The original application for the installation of a 40m high monopole, radio transmission equipment and ancillary works for the purposes of delivering the National Broadband Network (NBN) was refused by Council at its meeting of 12 April 2017 for the following reasons:
1) The telecommunications infrastructure will have an adverse impact on the visual amenity of the locality.
2) The proposed telecommunications infrastructure is inconsistent with the provisions of the City’s policy POL-TP-126 and POL-C-80.
3) The proposed telecommunications infrastructure is inconsistent with State Planning Policy 5.2 and POL-C_059 with regards to co-location and joint co-ordinated rollout requirements.
• The application has been taken on Review to the State Administrative Tribunal. After two mediation meetings, the first of which included two of the surrounding residents, the applicant has submitted a revised proposal reducing the height of the proposed monopole from 40 metres to 30 metres.
• Pursuant to s.31 of the State Administrative Tribunal Act 2004, the SAT has invited the City to reconsider its decision by 27 September 2017. If the Council’s decision is not reconsidered the matter is programmed to proceed to a Hearing on 6 and 7 November 2017.
• The application is proposed on land zoned ‘Rural’ under the Metropolitan Region Scheme (MRS) and ‘Swan Valley Rural’ under the City’s Local Planning Scheme No.17 (LPS17). The development falls within the land use of ‘Telecommunications Infrastructure’ which is a ‘D’ discretionary land us within the Scheme.
• The land is located within Area B of the Swan Valley Planning Act 1995. In accordance with Part 3 of the Standing Orders the application was referred to the Swan Valley Planning Committee (SVPC) and considered at its meeting on 3 October 2016 where it was resolved that the proponent consider co-location with other infrastructure facilities in this area. Should Council resolve to recommend approval for the development the application will require referral to the Western Australian Planning Commission (WAPC) for their determination in accordance with the MRS.
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• The original application was advertised for 21 days to landowners within 200m of the subject site with a total of 13 submissions received, comprising 12 objections and 1 letter of non-objection. The submissions raised concern with the appropriateness of the proposed location, potential for co-location with existing facilities and potential impact on visual amenity.
• The proponent has investigated other existing facilities for the potential co-location of infrastructure and concluded that the existing facilities were located outside of the service area and would not improve network in the area.
• The two objectors closest to the proposed site are the residents of No.161 Loton Road and No.60 Range Road.
• The reduced height of the proposed tower will reduce its visibility from the balcony of the residence at No.60 Range Road. The location of the proposed tower is not directly in the line of views from the residence at No.161 Loton Road but will be in line of view of the future residence the owner is looking to build on their property. If a tower is built as proposed it will not prevent the owner of No.161 from building a further house.
• The proposed location and area required will not impact on the ability of the site to be used for agriculture or tourist uses in the future as intended by the Swan Valley Planning Act 1995.
• City staff consider that the visual impact of the revised 30 metre tall tower on the two residences within 200m of the site will be significantly reduced from the original proposal refused by Council. Whilst the proposal will still have a degree of impact on the views enjoyed from different aspects of these two properties it cannot be said that these impacts outweigh the benefits to the broader public that the NBN infrastructure project will provide.
It is recommended that the Council resolve to grant approval for the proposed Telecommunications Infrastructure at Lot 285 (No.158) Hardwick Road, Millendon subject to conditions.
AUTHORITY/DISCRETION
2015 Regulations (Cl.68(2))
Council has discretion in accordance with cl.68(2) of the Planning and Development (Local Planning Scheme) Regulations 2015 to determine an application for approval by:
• Granting development approval without conditions; or
• Granting development approval with conditions; or
• Refusing to grant development approval;
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RIGHT OF REVIEW
2015 Regulations (Cl.76(2))
In accordance with cl.76(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 an affected (meaning the applicant of the subject development application or the owner of the subject land) may apply to the State Administrative Tribunal for a review of a reviewable determination in accordance with the Planning and Development Act 2005 Part 14.
Pursuant to s. 31 of the State Administrative Tribunal Act 2004 the Tribunal has invited the Council to reconsider its original decision of refusal in light of the revised proposal submitted by the applicant.
PROPOSAL AND PROPERTY DETAILS
Applicant: Aurecom Australasia Owner: Donna and Anthony Hoffman Zoning: LPS17 - Swan Valley Rural MRS - Rural Strategy/Policy: SPP5.2 Telecommunications Infrastructure; POL-C-059
Telecommunications (mobile phone) infrastructure Development Scheme: LPS 17 Existing Land Use: Single House Lot Size: 5ha Lot Area: 80m2 Use Class: Telecommunications Infrastructure “D”
DETAILS OF THE PROPOSAL
The original application sought planning approval for:
• 40m high monopole;
• Radio transmission equipment;
• Outdoor cabinets;
• Ancillary works including perimeter fencing;
The National Broadband Network (NBN) plans to upgrade the existing telecommunications network in the most cost efficient way using best fit technology and taking into consideration existing infrastructure. To support the fixed Wireless component of this network, NBN requires a fixed wireless transmission site to provide fixed wireless internet coverage to approximately 300 premises in the Millendon and Baskerville area. The proposed site will also serve as a wireless hub site with connectivity with NBN facilities in Upper Swan and Dayton.
The revised proposal submitted by the applicant reduces the height of the proposed monopole to 30 metres.
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PUBLIC CONSULTATION
Public Consultation on the original proposal was completed as per the following:
Duration: 21 days
Advertising was undertaken from 4 August 2016 to 1 September 2016
Method: Letters were sent to owners of property situated within 200 metres of boundaries of the subject site; All information was placed on City’s website.
Submissions received:
At the close of the advertising period a total of 13 submissions were received:
12 objections
1 no objection
The main concerns raised were:
• Opportunity to co-locate with existing towers;
• Potential impact on visual amenity;
• Compatibility with Swan Valley Rural.
CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS
Perth Airport
Perth Airport has conducted an assessment of the proposal against the Perth Airport airspace protected under the Airports (Protection of Airspace) Regulations 1996 (Commonwealth). At a maximum height of 92.5m AHD (based on a ground level of 52.0m AHD and maximum structure height of 40.5m AGL) the proposed structure will not infringe the protected airspace of Perth Airport. This is on the basis that Perth Airport considers the maximum elevation of the structure to be the absolute highest point (top of monopole, antennae etc.).
Additionally, cranes used in the construction are also a height consideration. Cranes are generally assessed separately, closer to construction, when accurate information regarding crane operating heights and locations is available. Given the above assessment, Perth Airport has no objection to the proposal subject to the advice provided.
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Swan Valley Planning Committee (SVPC)
The application was referred to the Swan Valley Planning Committee in accordance with Part 3 of the Standing Orders approved 4 August 2014 as the development is considered to be of significance when considered in the context of the Objectives of the Swan Valley Planning Act 1995.
SVPC at its meeting on 3 October 2016 resolved:
"The Swan Valley Planning Committee resolves to recommend that the proponents negotiate with the City of Swan regarding either co-location with the City’s tower or a suitable location within the centre of the cell."
ASSESSMENT
The application proposes the construction of a monopole for the National Broadband Network fixed wireless broadband tower. These towers are usually bigger than mobile phone towers, and are generally more likely to be required in metropolitan fringe and regional areas.
Land Use and Permissibility
The proposal falls within the land use 'Telecommunications Infrastructure' which is a ‘D’ (discretionary) land use within the Swan Valley Rural zone.
The objectives of this zone are to:
a) promote the core area of the Swan Valley primarily as a horticultural, recreational, tourism and landscape resource;
b) provide for limited rural living within the Swan Valley, subject to locational, design and landscaping requirements to enhance the character and amenity of the valley and to ensure compatibility with productive rural activities;
c) recognise the occurrence of high quality horticultural soils and scarce plastic clays and to protect these resources from development which would jeopardise their current and future use;
d) ensure that the development and use of land accords with the planning objectives for Area B as specified in the Swan Valley Planning Act (2005).
The proposed facility on the ground will occupy no more than 90m2. This does not impact the remaining 4.9ha of the lot from being used for horticultural, recreational or tourism purposes now or in the future. On that basis the application is not considered to be inconsistent with objectives a) and c) for the zone.
Compliance with objective (d) is a question as to the extent of the impact of the proposed facility on the rural character of the locality by way of its visibility and appearance. Both the State Planning Policy pertaining to Telecommunications Infrastructure and the City’s Local Planning Policy address the issue of visual impact.
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State Planning Policy 5.2 – Telecommunications Infrastructure:
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 general principles of the City’s policy is to endeavour to co-locate facilities or integrate telecommunications buildings with existing buildings or structures where practical, for such facilities to be designed with minimum bulk, of unobtrusive colour to use landscaping to screen and to locate them away from residential properties. With respect to the last, the policy stipulates that telecommunications facilities should be setback a minimum of 200m from any dwelling or residential zoned land.
These requirements will be addressed as follows.
Co-location with existing infrastructure
A number of submissions queried whether the proposed infrastructure could be co-located with existing telecommunication towers located within the area namely Weir Road and Mount Oakover antenna.
The proponent investigated the Weir Road facility in their initial search of the area however the site was not able to meet the RF services objectives, additionally the lease on the site was about to expire and the landowner did not respond to the written approaches by the proponents property consultant. Since this time the Council has resolved to replace this existing tower to meet current infrastructure requirements. The City referred the proposal to the proponent for comment on whether this facility could now be considered for co-location. The applicant has advised that the site is not recommended as it is located on an elevated area but on the far end of the ridge and this ridge has the potential to cast a shadow in the coverage area impacting the potential delivery of the coverage.
With reference to the Mount Oakover antenna located also on Lot 342 Old Toodyay Road, Red Hill. The proponent has advised that the site is too far removed from the search area to meet the RF objectives. As this site is not listed in the Radio Frequency National Archive (RNSA) website it does not accommodate the major telecommunication providers.
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The proponent has recently obtained development approval for a similar 40m monopole at Lot 342 Old Toodyay Road, Red Hill. The City queried whether there is the potential for this infrastructure to service the area identified as part of this application. The applicant has advised that the Red Hill tower is 4.7km away and this Fixed Wireless facility is a transmission tower for other towers proposed in the area and performs a different function to the Millendon tower which is required to connect in and provide coverage to the immediate area. It is understood the two towers will perform individual functions and as such there is no potential to co-locate the infrastructure at the Toodyay Road site.
Impact on Visual Amenity
An assessment of the visual impact notes the following:
• The proposed telecommunications site is some 500m north of the edge of the Wandoo Heights nature reserve and some 800m north and north-west of the abutting Darling Range Regional Park. To the extent these parks may be considered as scenic lookout locations and recreation sites it is not considered the visibility of the proposed tower from them would be prominent within the context of a broad panorama of views out across the coastal plain.
• The proposed telecommunications facility will not compromise any specific visual landscape values attached to the site.
• The facility is a monopole design with antenna headframe and will be of galvanised metal finish that best blends with sky background.
Of the 12 objections received, 8 objected to the proposed facility (two from 80 Range Road) on the basis it will adversely affect their visual amenity. Of the eight submissions received citing adverse visual impact, in six of the instances the dwelling on the property will be in excess of 200m form the site of the proposed telecommunications facility as required by Council’s policy (see table below). This setback is intended to serve to mitigate visual impact and, it is contended, the policy should be taken as inferring that where a telecommunications facility is more than 200m from a residence the visual impact will be acceptable.
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Address Distance of dwelling from Tower (approx.)
Height difference to Tower location
Photo montage
No.147 Hardwick Rd, Millendon
540m Approx. same line
No.161 Loton Road, Millendon
Approx. 180m to shed; approx. 230m to dwelling
8m higher View Point 3
No.20 Range Road, Millendon
Approx. 270m to dwelling
35m higher
No.130 Hardwick Road, Millendon
320m to dwelling 2m lower View Point 1
No.60 Range Road, Millendon
195m to dwelling 13m View Point 4
No.46 Range Road, Millendon
550m to dwelling 85m higher
No.80 Range Road, Millendon
540m to dwelling 53m higher
No.161 Loton Avenue is situated directly south of the subject property and No.60 Range Road is situated to the north-east. An impression of the view of the original proposed facility from the residences of each of these properties was depicted in the attachments to the previous report. Obviously the impression of the facility as viewed from No.161, and a separate visual depiction provided by the owner of this property, is somewhat redundant with the lower height of the revised proposal. The proposed location is not in line of direct view from the residence on No.161. However the owners concern is that the proposed location will be quite visible from the outlook of where he intends to build a future residence, which is to have open views to the north. Whilst the proposal, even reduced in height, will still be visible from this location, it will not be directly in front of the location of the future residence in the way that an alternate location that was being considered by the applicant would have been. Considered as the “lesser of two evils” the revised proposal is preferable and critically it will not, as may have been misapprehended by the owner of No.161, prevent him from building his future residence in this location. The view from the residence at No.60 Range Road is a broader, more expansive and elevated view from their balcony. The applicant provided revised photographic montages of the appearance of the proposed facility and the alternative location within the same lot but further westwards, as viewed from this balcony. Whilst the owner of No. 60, who viewed these montages, queries their accuracy, the visibility of the proposed tower at 30 metres in height will be less than the original. It is accepted by City staff that the revised proposal will still be visible within what is an impressive panoramic view from this owner’s balcony.
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Notwithstanding the acceptance that the views of both residents will now and in future be impacted to some degree, even by the revised proposal, it remains that these impacts must be weighed against the utility provided to the broader public by the NBN infrastructure project. On that consideration City staff remain of the view that the broader public benefits of the infrastructure that the facility will provide is of greater consequence than the impact of the visibility of the tower within the views enjoyed by the residents of both No.161 Loton Road and No.60 Range Road. Noting the potential for this matter to proceed to a Hearing, City staff sought a separate view of the revised proposal from an independent planner with significant SAT experience – Mr Joe Algeri. Mr Algeri, reviewed the documentation and visited the site, and, whilst sympathetic like City staff to the position of surrounding residents, is of the view that a refusal is most likely unsustainable. Health Impacts
The City’s policy acknowledges the investigations and findings of Commonwealth government agencies that telecommunications infrastructure such as that proposed do not emit levels of electromagnetic energy recognised as being harmful to human health.
A recent report (March 2014) prepared by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) Radiofrequency Expert Panel on the Review of Radiofrequency Health Effects Research – Scientific Literature 2000-2012 concludes that the underlying basis of the ARPANSA RF Exposure Standard remains sound and that the exposure limits in the Standard continue to provide a high degree of protection against know health effects of RF electromagnetic fields. Measurement surveys by ARPANSA demonstrate that environmental radiofrequency levels near base stations for the mobile telephone network are extremely low.
The City’s policy is consistent with State Policy in acknowledging that unsubstantiated concerns for public health cannot form the basis for refusal of applications for telecommunications facilities.
Property Values
A number of submissions cited concern with potential impact on property values as a result of the development. This is not a valid planning concern and has not been addressed in the report.
OPTIONS AND IMPLICATIONS
Option 1: Council may resolve to grant approval for the Telecommunications Infrastructure and the Ancillary Facilities at Lot 285 (No.158) Hardwick Road, Millendon.
Implications: Consent Orders will be issued in the SAT and the programmed hearing will be avoided.
This is the recommended option.
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Option 2: Council may resolve to refuse the Telecommunications Infrastructure and the Ancillary Facilities at Lot 285 (No.158) Hardwick Road, Millendon 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 City will be committed to the programmed Hearing in the SAT.
This is not the recommended option.
CONCLUSION
The Council refused the application for a 40m monopole for the purpose of providing NBN connection to the surrounding locality. The proponent investigated the potential for co-location with existing surrounding infrastructure however none of the existing or recently approved towers meet the requirements of the NBN provider.
That refusal was appealed to the SAT and through the Review process a revised application reducing the proposed telecommunications monopole to 30 metres was submitted. The SAT has invited the City to reconsider its decision of refusal on 27 September 2017 and a Hearing has been programmed for 6 and 7 November 2017 in the event this does not occur.
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 285 (No.158) Hardwick Road, Millendon.
ATTACHMENTS
Locality Plan
Map of Submissions
Site Plan
Elevation
Visual Landscape Assessment
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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) Approve the proposed Telecommunications Infrastructure and Associated Development at Lot 285 (No.158) Hardwick Road, Millendon 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 12 July 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.
ADVICE NOTES Standard advice notes apply.
2) Council’s decision to be forwarded to the State Administrative Tribunal pursuant to s.31 of the State Administrative Tribunal Act 2004.
3) Advise all those who made a submission of Council’s decision accordingly.
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MOTION that the Council resolve to:
1) Refuse the Telecommunications Infrastructure and the Ancillary Facilities at Lot 285 (No.158) Hardwick Road, Millendon 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.
(Cr Trease – Cr Henderson)
RESOLVED UNANIMOUSLY TO:
1) Refuse the Telecommunications Infrastructure and the Ancillary Facilities at Lot 285 (No.158) Hardwick Road, Millendon 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.
DISCLAIMER: Information shown here on is a composite ofinformation from various different data sources. Users are warned that the information is provided by the City of Swan in this format as a general resource on the understanding that it is not suitable as a basis for decision making without verification with the original source.
13/02/2017
1:10000
DISCLAIMER: Information shown here on is a composite of information from various different data sources. Users are warned that the information is provided by the City of Swan in this format as a general resource on the understanding that it is not suitable as a basis for decision making without verification with the original source.
