Monday, January 6, 2014

LOT 6 MUNGEDAR ROAD, DANDARAGAN

9.4.2 PROPOSED 40 METRE LATTICE TELECOMMUNICATION TOWER AND ASSOCIATED EQUIPMENT – LOT 6 MUNGEDAR ROAD, DANDARAGAN
Location: Lot 6 Mungedar Road, Dandaragan
Applicant: Daly International on behalf of Crown Castle Australia (CCA) and Western Australian Police  (WAPOL)
Folder Path: Development Services App / Development Application / 2014 / 23
Disclosure of Interest: None
Date: 11 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 6 Mungedar road, Dandaragan. The subject land is zoned rural and under private ownership. The proposal is one of three proposed communication facilities in the Shire of Dandaragan. This proposal includes:
·         An overall height of 43.2m (40m lattice tower-unpainted galvanised finish, two dishes one will 1.2m dia the other will be 1.8m dia installed between 15m – 38m height, plus 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.
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 the highest hill in the area (364m AHD), 19km south-east of Badgingarra and approximately 17km north of Dandaragan and will be setback 4.7km from North West Road and 4.6km from Badgingarra Road. The nearest dwelling is 3.5km. The site is easily accessible and the property owner is happy to proceed.
The proposed facility will be located on a fenced off area not used for agricultural purposes and will require the removal of five small trees. The facility will be enclosed within a secure compound measuring 10m x 10m (100m2).
Construction details
The site will be accessed by an existing gravel track on the property. The total construction period will be approximately ten weeks. Once operational, the facility will be unstaffed and will require maintenance work once a year for one day. Construction works will occur between 7am and 7pm.
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)
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 adjoining landowners that may be affected by the development. No objections have been received from adjoining neighbours.
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 and adjoining lots are currently 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.
In determining the application SPP 5.2 state the local government should have regard to the “extent to which the proposal contribute to the social and economic benefit of affordable and convenient access to modern telecommunication services for people and businesses throughout the State”. The proposed facility will enable WAPOL to use a more effective and modern communication network and will also benefit the community by providing a more informed, responsive and coordinated law enforcement and public safety service in regional population areas.
Given the social and economic benefit of the proposal and its location in the Rural zone well away from sensitive land uses, it is the Planning Officer recommendation that Council grant approval.
CONSULTATION
Notice of the proposed development was advertised to adjoining and potentially impacted neighbouring landowners. The advertising period was 5 May and closed on the 26 May 2014. No objections were received.
STATUTORY ENVIRONMENT
·         Local Planning Scheme No 7.
POLICY IMPLICATIONS
·         State Planning Policy 5.2 Telecommunication Infrastructure
FINANCIAL IMPLICATIONS
The applicant has paid a planning application fee of $640
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: 29307)
·         Location Plan (Doc Id: 29308)
·         Applicant response to State Planning Policy 5.2 (Doc Id: 29310)
(Marked 9.4.2)
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 6 Mungedar road, Dandaragan 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
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: 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”