9.4.4 PROPOSED 40 METRE LATTICE TOWER AND ASSOCIATED EQUIPMENT – LOT 800 INDIAN OCEAN DRIVE, COOLJARLOO
Location: Lot 800 Indian Ocean Drive, Cooljarloo
Applicant: Daly International on behalf of Crown Castle Australia (CCA) and Western Australian Police (WAPOL)
Folder Path: Development Services App / Development
Application / 2014 / 29
Disclosure of Interest: None
Date: 12 June 2014
Author: Barbara Macaulay, Planning Officer
Signature of Author:
Senior Officer: David Chidlow, Manager of Planning
Signature of Senior Officer:
The proponent is seeking planning approval for a communication facility at 800 Indian Ocean Drive, Cooljarloo. The subject land is zoned rural and under private ownership. The proposal is one of three proposed communication facilities in the Shire of Dandaragan. Unlike the proposed tower in Dandaragan, this proposal along with the proposed tower at Nambung, are located near an area of environmental significance and thus Council comment is sought in the deliberation of the application. This proposal includes:
· Total height of 41.6m (40m lattice tower, two 1.2 diameter dishes installed between 15m and 29m plus an antenna)
· Western Australian Police (WAPOL) radio transmission equipment
· WAPOL prefabricated equipment shelter
· Two clusters of six solar panels.
WAPOL has engaged Crown Castle Australia (CCA) to build a number of communication facilities which will form part of the Community Safety Network. The Network is fully funded under Royalties for Regions and will bring together WA Police, the Fire and Emergency Services Authority (FESA) and the Department of Corrective Services (DCS) under one common infrastructure network, managed by WAPOL. Communication will be across a shared, purpose-built, secure network for the first time.
The process for planning a new telecommunication facility is a complex process and the proponent has considered the following issues:
· Radiofrequency coverage
· Low-impact and co-location opportunities
· Availability of suitable sites
· Planning, environmental and heritage considerations
· Engineering criteria and construction considerations.
To meet coverage requirements the search for suitable sites was limited to the top of the hill. The proposed facility is located on one of the higher hills in the area (110m AHD), 10km north-east of Wedge Island. The subject site is zoned Rural. The western boundary adjoins Wanagarran Nature Reserve a conservation zone. The land to the east and south is unallocated Crown Land and the land to the south–east is a Crown lease with the Department of Defence.
The facility will be setback approximately 2km from the northern property boundary and approximately 10m from the western property boundary. The site is covered in a combination of native vegetation and grass used for farming as well as quarry purposes.
The Applicant has informed that the vegetation is not considered environmentally significant and therefore a clearing permit with the Department of Environment and Regulation is not required.
The proposed facility will be enclosed within a secure compound measuring 10m x 20m (200m2) and the detailed siting has been undertaken with direction from the land owner to ensure the primary use of the land (agriculture) is not negatively impacted upon.
The site will be accessed via an existing fire break access track off Indian Ocean Drive. The applicant has advised the necessary approvals for the use of the access track in Wanagarran Nature Reserve will be obtained.
A total construction period of approximately 10 weeks is anticipated and there is unlikely to be any adverse impact on the surrounding road network. Once operational, the facility will be unstaffed and will only require maintenance works once a year, for approximately one day.
Under the Telecommunication Act 1997 telecommunication facilities considered to be ‘low impact’ are not required to obtain planning approval. Telecommunication towers are not listed as low-impact and hence planning approval is sought.
The proposal has been assessed according to the following State and Local Planning instruments:
· Shire of Dandaragan Local Planning Scheme.
· State Planning Policy 5.2 Telecommunications Infrastructure.
· Western Australian Planning Commission Indian Ocean Drive Planning Guidelines.
· Western Australian Planning Commission Guidelines for the Location, Siting and Design of Telecommunications Infrastructure Western Australian Planning Commission’s Planning Bulletin 46 ‘Applications for telecommunications Infrastructure’.
Shire of Dandaragan Local Planning Scheme No.7
The proposed telecommunication facility is a use not listed under the LPS7 Zoning Table. As a use not listed, in accordance with Clause 9.4.3 of the Scheme, notice of the proposed development was advertised to a number of government agencies as listed in the Consultation section of this report.
As a use not listed, and in accordance with Clause 4.4.2 of the Scheme, Council is to either:
a) Determine that the use is consistent with the objectives of the particular zone and is therefore permitted;
b) Determine that the use may be consistent with the objectives of the particular zone and thereafter follow the advertising procedures of clause 9.4 in considering an application for planning approval; or
c) Determine that the use is not consistent with the objectives of the particular zone and is therefore not permitted.
The subject land is zoned ‘Rural’ under the Shire’s Local Planning Scheme No. 7 (LPS7). The objective of the Rural zone in the Scheme is:
“To provide for a range of rural activities such as broadacre and diversified farming so as to retain the rural character and amenity of the locality, in such a way as to prevent land degradation and further loss of biodiversity”.
It is considered the proposal is consistent with the objectives of the Rural zone.
State Planning Policy 5.2 Telecommunication Infrastructure
SPP 5.2 provides a framework for the preparation, assessment and determination of applications for planning approval of telecommunication facilities. The Policy states telecommunication infrastructure should be located, sited and designed in accordance with 15 Guiding Principles. The applicant has addressed these principles in their planning application and a copy is provided in the attachments.
Within the 15 Guiding Principles contained in SPP5.2 point four states:
Telecommunications facilities should be designed and sited to minimise any potential adverse visual impact on the character and amenity of the local environment, in particular, impacts on prominent landscape features, general views in the locality and individual significant views.
There is a potential issue with the location of the facility in accordance with the above Principle and The Western Australian Planning Commission’s Planning Bulletin 46 ‘Applications for telecommunications Infrastructure’, stating if a facility is located in an area of environmental significance it can never be regarded as low-impact.
Although the tower is not located in Wanagarran Nature Reserve it is 10m from its border and located on the highest hill in the area. There is concern the tower will be visible from the Wanagarran Nature Reserve Lookout and impact the view of this unusual and expansive valley of grass trees. The tower is located approximately 3.4-3.6km from the viewing area and will probably be visible on the ridge line.
The Officer has requested the applicant to provide a visual impact assessment showing the visual impact of the tower on the ridge line of this significant view. If the impact is moderate the Officer suggests options for reducing the impact are explored so not to impact on an area of State and Local tourism significance.
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Of further consideration, are the Indian Ocean Drive Planning Guidelines which reiterate the importance of ‘protecting and maintaining this entire stretch of relatively pristine, natural landscape’ and for development to be ‘inevident’ from Indian Ocean Drive or to ‘blend’ with the landscape. From Indian Ocean Drive the tower will appear quite prominent in middle views from an elevated part of the road heading south to Perth. Although this impact is considered less of an impact compared to the viewing area of Wanagarran Nature Reserve, the Officer has requested the applicant include the impact of the tower from this part of the road as part of the visual impact assessment of the area.
The Officer confers with the response from the Department of Planning in that it is difficult to provide an informed comment on the impact of the tower in the absence of a visual impact assessment. Under SPP 5.2 in addition to the standard requirements for planning applications under the relevant town planning scheme, applications for telecommunication facilities are to include additional information as relevant to the application. Therefore the Officer request for a visual assessment is in accord with the additional information requirements stated in SPP5.2:
· Graphic illustrations (including photographs of similar facilities and / or computer generated simulations) showing the type of facility and its relationship with adjacent development;
· Elevations showing the extent, height and appearance of the proposed facility as viewed from any adjacent street, public place and adjacent property.
It is the Officer recommendation the Council consider the issues raised in the report in particular:
1. Potential impact of the tower from the viewing area of Wanagarran Nature Reserve and,
2. Potential impact on the prominent inland view from the elevated portion of Indian Ocean drive heading south to Perth.
If comments are not received along with the visual impact assessment from the applicant, the Officer suggests the proposal be deferred until an informed recommendation can be made.
The reason for presenting this item whilst awaiting the visual assessment is that due to the extended time consulting with various government departments the 60 days time limit in the Planning and Development Act will expire and the proposal deemed refused. This will not be the case if Council decides to defer the application pending further information.
Notice of the proposed development was advertised to the following government agencies:
· Air Services Australia;
· Civil Aviation Authority;
· Department of Defence;
· Department of Parks and Wildlife;
· Department of Planning ;
· Main Roads Western Australia.
· Local Planning Scheme No 7.
· State Planning Policy 5.2 Telecommunication Infrastructure.
· Western Australian Planning Commission Planning Bulletin No.46 – Applications for Telecommunications Infrastructure.
· Western Australian Planning Commission Guidelines for the Location, Siting and Design of Telecommunications Infrastructure
· Western Australian Planning Commission Draft Indian Ocean Drive Planning Guidelines
The applicant has paid a planning application fee of $640
· Shire of Dandaragan Integrated Strategic Community Plan
5.15.1 GOAL NUMBER ONE: Strong Economic Base and Enabling Infrastructure
OBJECTIVE 2: Ensure timely provision of essential and strategic infrastructure to ensure investment and growth for the Shire is maximised
· Upgrade existing telecommunications system to allow for higher speed internet access through high speed broadband via wireless;
· Support planning for demand driven bids for National Broadband Network;
· Support mobile tower program for region; and
· Develop digital strategy sub-region (Wheatbelt Development Commission).
LINKS: Community workshops, Super-Towns Growth Plan
TIME FRAME: Short-Medium-Short-Short
SCOPE: District - Coastal - District
PARTNERS: NBN, WDC
Circulated with the agenda are the following Items relevant to this report:
· Plans (Doc Id: 29317)
· Location Plan (Doc Id: 29318)
· Applicant response to State Planning Policy 5.2 (Doc Id: 29319)
· Schedule of Submissions (Doc Id: 29320)
That Council determines that the use “Telecommunications Tower” is consistent with the objectives of the “Rural” zone and is therefore permitted under section 4.4.2 of the Shire of Dandaragan Local Planning Scheme and grants planning approval for a telecommunication facility at Lot 800 Indian Ocean Drive, Cooljarloo subject to the following conditions:
1. All development shall accord with the Development Application prepared by Daly International and subject to any modifications required as a consequence of any condition (s) of approval;
2. All development shall be in accordance with the attached plans date stamped 15 April 2014 subject to any modification required as a consequence of any conditions of this approval and shall not be altered without the prior written approval of the local government;
3. The use and development must be conducted so that it has minimum impact on the amenity of the area by reason of:
· Transportation of materials, goods and commodities to and from the premises;
· Appearance of any buildings, works and materials; and
· The emission of noise, vibration, dust, wastewater, waste products or reflected light;
4. The proposed solar panels must meet all relevant Australian Standards for construction and reflection to minimise any glare impacts
5. Shire of Dandaragan is to be advised of completion of the facility.
Note 1: The applicant be advised this is planning approval only and not a building permit. A building permit must be obtained for this development.
Note 2: If the development the subject of this approval is not substantially commenced within a period of 2 years, or such other period as specified in the approval after the date of the determination, the approval shall lapse and be of no further effect.
Note 3: Where an approval has so lapsed, no development shall be carried out without the further approval of the local government having first been sought and obtained.
Note 4: Applicant is to notify RAAF and Bungle Helicopter Operators of a proposed “Tall Structure”.
Note 5: The applicant be advised that “should you be aggrieved by this decision, or any conditions imposed, there is a Right of Review under the Planning and Development Act 2005. An application for Review must be submitted in accordance with Part XIV of the Planning and Development Act within 28 days of the date of this decision to:
The State Administrative Tribunal
GPO Box U1991
PERTH WA 6845”