9.4.3 PROPOSED 70
METRE GUYED MAST AND ASSOCIATED EQUIPMENT – LOT 4113 WONGONDERRAH ROAD, NAMBUNG
Location: Lot
4113 Wongederrah Road, Nambung
Applicant: Daly
International on behalf of Crown Castle Australia (CCA) and Western Australian
Police (WAPOL)
Folder Path:
Development Services App / Development Application / 2014 / 24
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:
PROPOSAL
The proponent is seeking planning approval for a
communication facility at Lot 4113 Wongonderrah road, Nambung. 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 Carjarloo,
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 72.8m (70m unpainted, dull
galvanised guyed mast with two 1.2 diameter dishes installed between 20m and
66.5m plus an antenna)
·
Western Australian Police (WAPOL) radio
transmission equipment
·
WAPOL prefabricated equipment shelter
·
Two clusters of six solar panels.
BACKGROUND
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. Doc Id: 24310
Site description
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 (53m AHD), 18km south-east of Cervantes. The
facility will be setback approximately 90m from the southern property boundary
and 960m from the western property boundary. Nambung National Park adjoins the
western and southern boundary with the Pinnacles Discovery Centre 5km to the
west. The land to the east is zoned public purposes. Indian Ocean Drive is
7.8km to the west.
The proposed facility will be enclosed within a secure compound
measuring 10m x 10m (100m2). Three anchor points, securing the guyed wires to
the ground are located approximately 50m from the mast.
Construction details
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.
COMMENT
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.
In assessing the proposal consideration has been given to
ensure the proposal is consistent with the objectives and permitted uses within
the Shire’s Local Planning Scheme No7 and the provisions contained within
Planning Policy 5.2 Telecommunication Infrastructure (SPP 5.2).
The Western Australian Planning Commission’s Planning Bulletin
46 ‘Applications for telecommunications Infrastructure’, state if a facility is
located in an area of environmental significance it can never be regarded as
low-impact. The proposed guyed mast is not located within Nambung National Park
but is within close enough proximity to warrant consideration of its potential
impact on an area of State and Local tourism significance.
Shire of Dandaragan Local Planning Scheme No7 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.
The Department of Parks and Wildlife (DPAW) in their comment
to the proposal (see Schedule of Submissions and DPAW Line of Sight from Desert
View Lookout in attachments) confirm there is a direct line of sight from the
viewing platform at the Pinnacles Discovery Centre to the tower. Based on
DPAW’s analysis, and given the Pinnacles are a significant tourist site, the
Officer has requested the applicant provide further information on the visual impact
of the tower. It is suspected at a distance of 5.4km and being a guyed mast of
less bulk than a lattice tower, the tower will have limited impact on middle to
distant views.
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’s 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’s recommendation Council grant approval on
condition the proposal has a limited impact on middle to distant views from the
Desert View Lookout pending confirmation from the visual impact assessment from
the applicant. It is anticipated that the assessment will be provided prior to
the Council meeting. In the event that the assessment is not provided or proves
to be unsatisfactory, it is recommendation that Council defer the application.
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.
CONSULTATION
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; and
·
Main Roads Western Australia.
STATUTORY ENVIRONMENT
·
Local Planning Scheme No 7.
POLICY IMPLICATIONS
·
State Planning Policy 5.2 Telecommunication
Infrastructure.
·
Western Australian Planning Commission Planning
Bulletin No 46 – Applications for Telecommunications Infrastructure.
FINANCIAL
IMPLICATIONS
The applicant has paid a planning application fee of $640.00
STRATEGIC
IMPLICATIONS
·
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.
CODE: G1-O2-A11
STRATEGIES: Telecommunications:
·
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
ATTACHMENTS
Circulated with the agenda are the following Items relevant
to this report:
·
Plans (Doc Id: 29311)
·
Location Plan (Doc Id: 29313)
·
Applicant response to State Planning Policy 5.2
(Doc Id: 29314)
·
Schedule of Submissions (Doc Id: 29315)
·
DPAW Line of Sight from Desert View Lookout (Doc
Id: 29316)
(Marked 9.4.3)
VOTING REQUIREMENT
Simple majority
OFFICER RECOMMENDATION
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 4113 Wongederrah
Road, Nambung 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; and
6. Applicant is to notify RAAF of a proposed “Tall
Structure”.
ADVICE NOTES:
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”
