Guyed Mast Tower Nambung

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:  Planning Officer

Signature of Author:

Senior Officer:  Manager of Planning

 Signature of Senior Officer:

70m Guyed Mask Tower

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”

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