3.2 PROPOSED TELECOMMUNICATIONS INFRASTRUCTURE - LOT … · The proposed development aims to fill in coverage holes and provide improved wireless mobile phone and broadband capacity

Ordinary Meeting of Council 14 October 2015

3.2 PROPOSED TELECOMMUNICATIONS INFRASTRUCTURE - LOT 901 (NO.84) GREAT EASTERN HIGHWAY, SOUTH GUILDFORD (DA352-15)

Ward: (Midland/Guildford Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• An application for ‘Telecommunications Infrastructure’ has been received by the City.

• The application proposes the construction of a 25m high monopole with triangular headframe, 6 mounted panel antennas, the installation of a 7.5m2 equipment shelter located adjacent to the monopole and installation of ancillary equipment associated with the operation of the facility.

• The Telecommunications Infrastructure is a joint venture agreement between Vodafone Hutchison Australia and Optus Mobiles which allows the 2 carriers to share the infrastructure. The applicant advises that the telecommunications infrastructure will result in accelerated and improved mobile phone coverage and facilitate growing demand for data rich content from the internet such as videos, gaming and streaming.

• The subject land is zoned 'Industrial' under the Metropolitan Region Scheme (MRS) and 'General Industrial' under the City’s Local Planning Scheme No.17 (LPS17). 'Telecommunications Infrastructure' is a 'D' use within this zone.

• The application was advertised to surrounding landowners within a 200m radius of the external lot boundaries of No.84 Great Eastern Highway for a period of 21 days. A total of 21 submissions were received, with 12 submissions objecting to the proposed development and 9 submissions indicating non-objection. The nature of the submissions objecting to the proposed development cites health grounds, amenity and loss of property values.

• The development is considered to meet the objectives of the City’s Telecommunications (Mobile Phone) Policy as the Telecommunications Infrastructure is located in an industrial zone, is set back a distance greater than 200m from the nearest residential property and is not considered to unduly impact on the amenity of the area surrounding the subject site.

It is recommended that the Council approve the proposed Telecommunications Infrastructure at Lot 901, (No.84) Great Eastern Highway, South Guildford subject to conditions.

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AUTHORITY/DISCRETION

Council has discretion in accordance with Clause 10.3 of Local Planning Scheme No.17 to approve (with or without conditions) or refuse to approve the application. If the applicant is aggrieved with the decision of the Council, a right of appeal may exist in accordance with Part 3 of the State Administrative Tribunal Act 2004 and Part 14 of the Planning and Development Act 2005.

BACKGROUND

Applicant: Daly International Pty Ltd. Owner: Tiberius (Parramatta) Pty Ltd (Directors: Robin Waters,

David Aspinall and Brian O’Donnell) Zoning: LPS17 - General Industrial MRS - Industrial Strategy/Policy: WAPC State Planning Policy SPP 5.1 – Land Use

Planning in the Vicinity of Perth Airport WAPC State Planning Policy 5.2 – Telecommunications Infrastructure POL-C-059 – Telecommunication (Mobile Phone) Facilities POL-TP-124 – Building and Development Standards - Industrial Zones.

Development Scheme: Local Planning Scheme No. 17 Existing Land Use: Car Park Lot Size: 5.2141 ha Use Class: Telecommunications Infrastructure ‘D’

DETAILS OF THE PROPOSAL

The application proposes the installation of a new Telecommunications Facility at Lot 901 (No.84) Great Eastern Highway, South Guildford. The development proposes the installation of a 25m high monopole, 6 antennas to be mounted atop of the monopole, installation of a new 7.5m2 equipment shelter located adjacent to the monopole and the installation of ancillary equipment associated with the operation of the facility such as a 2.4m chain link fencing with access gates, electrical and fibre connection, meter box and remote radio units. The total maximum height of the Telecommunications Infrastructure will be 26.34m. The proposed development is to be located 201m from Great Eastern Highway and 252m from the Great Eastern Highway bypass.

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DESCRIPTION OF SITE

The subject lot is located in between Great Eastern Highway and the Great Eastern Highway Bypass, with the Steel Court cul-de-sac abutting the north-eastern side lot boundary. The subject lot consists of an existing car park and a machine storage and assembly area. The surrounding area to the north-east and south-west of the subject lot is used for industrial purposes, with residential uses located across the Great Eastern Highway and land reserved for the operations of Perth Airport located across the Great Eastern Highway Bypass. The nearest residence is located approximately 215m form the proposed development.

SITE HISTORY/PREVIOUS APPROVALS

DA-8526/1994 – Storage and display of heavy machinery (approved 1 July 1994)

DA-247/2011 – Change of use to machine assembly and storage area (approved under delegated authority 24 June 2011)

DA-651/2012 – Carpark (Approved under delegated authority 22 November 2011))

DA-651/2012A – Modification to DA-651/2012 (Approved under delegated authority 14 June 2013)

DA-651/2012B – Modification to DA-651/2012 (Approved under delegated authority 27 August 2013)

SB -1/2013 – Subdivision Amalgamation (Approved by WAPC 27 March 2013)

SBCL -1/2013/1 - Clearance of Condition 5 (Cleared by the City 29 May 2013)

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

Nil

APPLICANT'S SUBMISSION

The applicant has provided the following comments in support of the proposed development:

Daly International Pty Ltd acts on behalf of Vodafone Hutchison Australia (VHA) and Optus Mobiles Pty Ltd (‘Optus’) for the deployment of mobile stations under a joint venture agreement by the two carriers. The joint venture (hereby referred to as eJV) is an infrastructure sharing agreement by VHA and Optus that allows the two carriers to build shared mobile sites.

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The eJV agreement is a response to the growing demands being placed on the networks over the last few years with the advent of devices such as smart phones and tablets which are typically used to access data rich content such as video content and games. Insufficient network capacity results in drop outs and slowed service during peak demand periods. This is particularly relevant to new high density residential estates expanding into rural fringes where existing infrastructure (if at all present) is not designed to cope with added mobile traffic.

The agreement will cover 80% of the Australian population and the project will facilitate the delivery of improved 3G and new 4G services and provide customers with a broader range of technologies. The national site sharing project will deliver benefits to the community by enhanced coverage, accelerate delivery of services and encourage site consolidation resulting in fewer mobile phone towers.

PUBLIC CONSULTATION

In accordance with the City’s POL-C-059 – Telecommunication (Mobile Phone) Facilities the proposed development was advertised to adjoining landowners within 200m of the external property boundaries of Lot 901 (No.84) Great Eastern Highway for a period of 21 days. A total of 21 submissions were received, including 12 objections. The key issues raised in the objections were based on amenity, health concerns and loss of property values. The loss of property values is not a relevant planning consideration and will not be discussed any further in this report. Matters relating to amenity and health matters are discussed below in further detail.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The application was referred to Perth Airport.

Perth Airport has advised that they have no objection to the proposal.

DETAILS

Zoning and Land Use Permissibility

The subject lot is zoned ‘Industrial’ under the Metropolitan Region Scheme (MRS) and ‘General Industrial’ under the City’s Local Planning Scheme No.17 (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, duct hole pit 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.

The use class ‘Telecommunications Infrastructure’ is listed as a ‘D’ (discretionary) use class in a General Industrial zone which means the use is not permitted unless the local government has exercised its discretion by granting planning approval.

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The objectives of the General Industrial zone are to:

(a) Provide for a range of generally larger scale development, including manufacturing, servicing, storage and distribution;

(b) Ensure development within the zone is complementary to development in other zones and to avoid development on land for any purposes or in any manner which would detract from the viability or integrity of development in either the Strategic Regional Centre of the Commercial zones;

(c) Ensure any on-site advertising is integrated with the overall site development and does not detract from the amenities of the road frontages or of adjacent development;

(d) Ensure environmental performance of industry does not detract from the amenity of adjacent sensitive areas and conforms with any relevant environmental standards applicable to the neighbourhood.

City staff consider that the proposed development is complementary to, and will not adversely impact on the objectives of the General Industrial zone. The development is considered to have a minimal impact on the amenity of the adjacent residential development located across Great Eastern Highway due to its setback distance from residential properties and the monopole appearance of the facility resulting in a structure with minimal visual intrusiveness. Furthermore, the telecommunications facility will assist in furthering the day to day functioning of the General Industrial zone through improved mobile phone network and internet coverage.

Local Planning Scheme No. 17

Clause 5.8.1 of LPS17 outlines the matters to which the local government is to have regard in considering an application for Telecommunications Infrastructure. These are addressed as follows:

WAPC State Planning Policy 5.2 (SPP5.2) – Telecommunications Infrastructure

SPP5.2 provides a policy framework for the preparation, assessment and determination of applications for approval of telecommunications facilities within Western Australia. Section 5 of SPP5.2 identifies a range of matters to be considered when assessing an application for Telecommunications Infrastructure.

The proposed development aims to fill in coverage holes and provide improved wireless mobile phone and broadband capacity to residences and businesses within the South Guildford and Ashfield areas, as well as motorists travelling along the Great Eastern Highway. As detailed in the applicant’s submission, the proposed development is part of the deployment of the Optus and Vodafone mobile telephone networks in Australia. This deployment is under a joint venture agreement between the two mobile phone networks which allows the carriers to build shared mobile sites. By sharing telecommunications infrastructure between the Optus and Vodafone mobile networks, the total number of structures will be reduced.

This is consistent with the objectives of SPP5.2 by facilitating the provision of telecommunications infrastructure in an efficient and environmentally friendly responsible manner to meet community needs. The proposed development also meets the objectives of SPP5.2 that requires that telecommunications infrastructure is included in relevant planning processes as essential infrastructure for businesses, personal and emergency reasons.

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Section 5 of SPP5.2 also provides guidance on the siting of telecommunication facilities, with sub-section 5.1.1(ii) specifically dealing with the matter of visual impacts of telecommunications infrastructure;

Telecommunications infrastructure should be sited and designed to minimise visual impact and whenever possible:

a) Be located where it will not 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 display design features, including scale, materials, external colours and finishes are sympathetic to the surrounding landscape.

The proposed development is located on land that is zoned ‘General Industrial’ under LPS17. The subject lot consists of a car park and storage of mining based machinery, with surrounding lots consisting of various warehouses, workshops and storage yards. The development proposes the instalment of a single monopole, 6 panel antennas, equipment shelter and ancillary equipment associated with the operation of the facility with a maximum height of 26.34m.

It is considered that the proposed development meets the provisions of sub-section 5.1.1(ii) of SPP5.2 as the proposed telecommunications infrastructure does not detract from the views of any significant landmarks, places or streetscapes. In terms of the external appearance of the telecommunications infrastructure, it is not too dissimilar to that of the existing street lighting on Great Eastern Highway as well as flood lighting on the subject site. Furthermore, the amenity impacts of the telecommunications infrastructure when viewed from residential zoned land are ameliorated through the 215m setback distance from the nearest residential property, existing machinery storage on the subject site and the partial screening of the proposed development by existing buildings on properties adjoining No.84 Great Eastern Highway. In light of this, it is considered that the proposed telecommunications infrastructure adequately addresses the policy measures relating to visual impacts in SPP5.2.

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

The City’s policy provides general principles with regard to the instalment and locational criteria for telecommunications infrastructure. Of relevance to the application are the following principles:

7.1.1 The design and siting of telecommunication facilities should be integrated with existing buildings and structures, unless it is impractical to do so, in which case they should be sited and designed so as to minimise any adverse impact on the amenity of the surrounding area;

7.1.2 Telecommunication facilities should generally be constructed of a slim-line pole design, with aerials and antennae having minimal protrusion from the pole in order to reduce their presence.

7.1.3 Measures such as surface mounting, concealment, colour-coordination, camouflage and landscaping should be used, where appropriate to minimise the visual impact of telecommunication facilities;

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7.1.4 Co-location of telecommunication facilities should generally be sought, unless such an arrangement would detract from the amenity of the area; and

7.1.6 There is a general presumption against locating telecommunication facilities in any zone where the predominant intent of the zone is for residential development.

City staff consider that the proposed development generally complies with the general principles of POL-C-059 given it consists of a monopole structure sited on land zoned General Industrial under LPS17 and consists of a joint venture facility between the Optus and Vodafone mobile networks. While it is noted that there is an existing 23m Telstra telecommunications facility nearby at Lot 900 (No.128-142) Great Eastern Highway, the applicant has advised that Telstra has reserved the space above a height of 10m from natural ground level of the telecommunications facility and accordingly, the existing facility at No.128-142 Great Eastern Highway owned and managed by Telstra cannot achieve the coverage goals sought from the Optus and Vodafone Joint Venture. Furthermore, the applicant has demonstrated a need for the proposed telecommunications infrastructure based on gaps in coverage in the South Guildford area and the increasing demand for access to data-rich content such as videos, gaming and internet streaming.

Visual Impact

Several submissions received during the advertising process have raised concern that the proposed development will be visible from existing residential properties and that such a development would be unsightly. As previously discussed in this report, the development consists of a single monopole design sited on land zoned General Industrial under the LPS17 that currently consists of a car park and storage area for mining equipment. The relative height and monopole component presents as not too dissimilar to that of a standard light pole, several of which are located on the subject lot.

The City’s policy requires that the infrastructure is set back 200m from any dwelling or residential zoned land. The nearest residential dwelling is located across from the Great Eastern Highway and is approximately 215m from the location of the proposed telecommunications infrastructure. In light of this, the setback of the telecommunications facility exceeds the minimum setback specified under the Council’s adopted policy.

The visual impact of such a facility as viewed from residences of adjoining properties will be ameliorated by the 215m minimum setback, existing vegetation and partially screened by existing buildings that adjoin the subject site, with the subject site having scope for additional screening by vegetation if required. In light of this, the visual impact of the telecommunications infrastructure on the adjoining residential properties is considered to be negligible.

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Health Impacts

Various submissions received by the City during the advertising period centred on health concerns associated with Radiofrequency electromagnetic energy (EME). EME emissions are regulated by the Australian Communications and Media Authority (ACMA), with emissions required to comply with exposure limits set by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA). The standards set by ARPANSA are based on scientific research and are also the safety standards recommended by the World Health Organisation.

The applicant has submitted an Environmental EME report as part of the application which provides a summary of the levels of radiofrequency (RF) electromagnetic energy (EME) around the location of the telecommunications infrastructure at No.84 Great Eastern Highway. The maximum EME levels have been calculated at 1.73% of the ARPANSA exposure limits as measured between 100m to 200m from the antennas of the location of the proposed telecommunications infrastructure and well within the public exposure limits.

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.

WAPC State Planning Policy SPP 5.1 – land use planning in the Vicinity of Perth Airport

The subject lot is located within the Perth Airport’s approach and take-off flight path alignments. Accordingly, development within the ‘Take-Off’ and ‘Approach Surface’ areas is subject to ‘Obstacle Limitation Surfaces’ restrictions.

The application was referred to Perth Airport which advised that 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, with the assessment undertaken by Perth Airport done to 27m assumed ground level (AGL). Should the owner/applicant propose future extensions or additions to the proposed development, further comment from Perth Airport will be required.

City of Swan Policy POL-TP-124 Building and Development Standards – Industrial Zones

The prescribed setback requirements for the General Industrial zone in accordance with POL-TP-124 are 30m to the front elevation and a nil setback to a side lot boundary except for corner lots where the setback shall be 6m from side streets. Assessment of the proposed development indicates that it complies with the prescribed setbacks under POL-TP-124.

It is noted that the subject lot abuts the Steel Court cul-de-sac which runs off Hyne Road. Given that the cul-de-sac does not run the entire length of the side lot boundary of Lot 901 (No.84) Great Eastern Highway and only abuts the subject lot for 34m of the total 468.07m, the subject site is not considered a corner lot.

Access to the Site

Access to the site is from Great Eastern Highway and Steel Court.

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Parking Adequacy

There is no attributed parking standard for the use class ‘Telecommunications Infrastructure’ under the City’s Vehicle Parking Policy POL-TP-129. Notwithstanding this, the proposed development consists of an unmanned telecommunications monopole that aside from periodic maintenance will not require staffing. It is noted that ample parking exists on the subject lot for contractors to service the infrastructure when required.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to grant approval for the installation of Telecommunications Infrastructure (telecommunications monopole, equipment shelter at ground level and installation of ancillary equipment) at Lot 901 (No.84) Great Eastern Highway, South Guildford subject to conditions.

Implications: The development can proceed.

This is the recommended option.

Option 2: The Council may resolve to refuse the proposed Telecommunications Infrastructure (telecommunications monopole, equipment shelter at ground level and installation of ancillary equipment) at Lot 901 (No.84) Great Eastern Highway, South Guildford for the following reasons:

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

2. The telecommunications infrastructure proposed may have potential health issues associated with exposure electromagnetic radiation.

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

This is not the recommended option.

CONCLUSION

An application has been received for Telecommunications Infrastructure which proposes the installation of a new telecommunication monopole, installation of 6 antennas at the top of the monopole, installation of new equipment shelter and installation of ancillary equipment associated with the operation of the facility at Lot 901 (No.84) Great Eastern Highway South Guildford.

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

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The application was advertised to adjoining landowners within 200m of the external property boundaries of Lot 901 (No.84) Great Eastern Highway for a period of 21 days. A total of 21 submissions were received, including 12 objections. The objections cited visual amenity, health concerns and loss of property values as reasons for objection. The application was also referred to Perth Airport as the subject lot is located under the Perth Airport’s approach and take-off path alignments. Perth Airport has advised that the proposed telecommunications infrastructure will have no impact on the Perth Airport operations and will not involve penetration of the prescribed airspace. Accordingly, Perth Airport has no objection to the proposal subject to the advice provided.

City staff consider that the proposed development is consistent with Council Policy on Telecommunications Infrastructure, in terms of setbacks from residences, the management of the impact of telecommunications facilities on the built and natural environment, the amenity of the area and the promotion of co-location of proposed telecommunication facilities. It is recommended that the Council approve the proposed Telecommunications Infrastructure at Lot 901 (No.84) Great Eastern Highway subject to conditions.

ATTACHMENTS

Attachment 1 - Site plan

Attachment 2 - Development plan

Attachment 3 Aerial montage of proposed development

Attachment 4 - Locational map of existing telecommunications infrastructure

Attachment 5 –EME Report

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Planning and Development Act 2005

Metropolitan Region Scheme

Local Planning Scheme No. 17

FINANCIAL IMPLICATIONS

Nil

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VOTING REQUIREMENTS

Simple majority

RECOMMENDATION

That the Council resolve to:

1) Grant approval for Telecommunications Infrastructure (installation of a new telecommunications monopole, equipment shelter at ground level and installation of ancillary equipment) at Lot 901 (No84) Great Eastern Highway, South Guildford subject to the following conditions:

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

2. This approval includes a new telecommunication monopole, installation of 6 antennas at the top of the monopole, installation of new equipment shelter and installation of ancillary equipment associated with the operation of the facility as illustrated on the plans (Site plan drawing No. 640014-XX Rev 1) stamp date received 19 June 2015 and drawing and Drawing No 640014-G2 and 640014-G3 stamp date received 12 May 2015 received by the City of Swan.

3. The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant’s expense.

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

ADVICE NOTES: Standard advice notes apply.

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

3) Advise all those that lodged submissions of the Council’s decision.

CARRIED

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Documents

3.2 PROPOSED TELECOMMUNICATIONS INFRASTRUCTURE - LOT … · The proposed development aims to fill in coverage holes and provide improved wireless mobile phone and broadband capacity