Development Application For Material Change Of Use For A Service And Utility Type 3 (Tower) At 249 Schreibers Road, Cooran (MCU15/0034)

DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A SERVICE AND UTILITY TYPE 3 (TOWER) AT 249 SCHREIBERS ROAD, COORAN (MCU15/0034)

Document information

Author	Development Planner, Jack Lewis
Planning & Infrastructure Department

Index	ECM / APPLICATION / MCU15/0034

Attachments	1.	Proposal Plans
2. 	Photomontages

APPLICATION DETAILS
Applicant	Aurecon on behalf of NBN Co
Proposal	Development Permit for Material Change of Use – Service & Utility Type 3 Tower
Properly Made Date	27 April 2015
Information Request Date	30 April 2015
Information Response Date	19 May 2015
Public Notification Period	1 June 2015 – 22 June 2015
Decision Due Date	19 August 2015
Number of Submissions	3 properly made submissions (2 object and 1 in support)

PROPERTY DETAILS
Property Address	249 Schreibers Road, Cooran
RP Description	Lot 12 on RP883248
Land Area	54.83 Ha
Existing Use of Land	Detached house, grazing and associated farm sheds

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Locality	Mary River Catchment
Zone	Rural
Overlays	Biodiversity Overlay (Environmental Protection) Natural Hazards (Medium Bushfire & Landslide)
Assessment Type	Impact

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation Committee Meeting dated 21 July 2015 regarding Application No. MCU15/0034 for a Development Permit for Material Change of Use – Service and Utility Type 3 (Tower) situated at 249 Schreibers Road, Cooran and:
A.	Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
4GYM-51-32-SCHR-C1	02	Site Specific Notes and Antenna Table drawn by Aurecon	23/04/2015
4GYM-51-32-SCHR-C2	02	Overall Site Plan drawn by Aurecon	23/04/2015
4GYM-51-32-SCHR-C3	03	Site Setout Plan drawn by Aurecon	05/05/2015
4GYM-51-32-SCHR-C2	03	Site Elevation and Details drawn by Aurecon	05/05/2015
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Building Height
The maximum height of the structure must not exceed 41 metres above the finished ground level and the natural ground surface.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the monopole structure does not exceed the maximum height requirement of this Decision Notice.
No lights are permitted to be attached to the telecommunications facility, except where required for aircraft hazard lighting purposes or similar.
Health and Safety
The development must not, at any time during the life of the development, result in human exposure to environmental electromagnetic emissions exceeding the current regulations, standards and/or recommendations of the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA). The carrier of the infrastructure must provide, at any time upon request by Council, written certification to demonstrate compliance with this condition.  The written certification must assume:
a maximum number of users over the lifetime of any pole or other supporting structure
full power usage
a maximum down tilt of antennae.
Warning information signs and security fencing must be provided on the site to prevent unauthorised entry.  Fencing must be camouflaged through the use of colours, materials and screening vegetation to blend the fence into the visual landscape.
Colours and Finishes
The monopole and associated panels must be finished in colours that blend in visually into the landscape.
Cessation of Use
The telecommunications facility must be removed from the site upon cessation of the use.
Landscaping Plan
Dense screening vegetation shall be established around the enclosure in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan.  Such landscaping is to be completed prior to the commencement of the use and maintained at all times thereafter. The Landscape Plan shall include at a minimum:
The identification and retention of the existing trees within a 50m distance around the fenced compound area of the tower.
Appropriately selected tree species and understorey plantings to achieve dense visual screening of the tower and having regard to the soil conditions. Trees included shall be able to achieve up to 20m in mature height, though inclusion of fast growing species is also desirable to achieve early visual screening.
The planting areas should maximise the screening opportunities surrounding the tower and include appropriate planting for a distance up to 20m beyond the  perimeter of the lease area, whilst maintaining access and electricity supply.
A development application for Operational Works shall be required in this regard.
B.	Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
The telecommunications facility will provide coverage for the NBN fixed wireless network, allowing for the delivery of higher speed data to rural residential households in the Cooran area; and
The proposal will not significantly impact on the visual or residential amenity of the locality as it is to be located near existing infrastructure, and is screened by existing vegetation.

REPORT
PROPOSAL
The application seeks approval for a Development Permit for Material Change of Use for a telecommunications tower associated with the establishment of the fixed wireless network infrastructure of the National Broadband Network (NBN). Fixed wireless is a network of base station facilities proposed to provide fast internet service to the majority of rural and rural residential properties. Since 2013, there have been 7 other NBN towers approved in the Noosa Shire, with several already constructed and operational.

These base stations communicate directly with antennas fixed to individual premises (eg, dwellings or businesses) to deliver wireless broadband access. The proposed tower is designed to serve approximately 170 rural residential properties to the south of Cooran and is designed to offer service providers with wholesale download access speeds of 25Mbps.

The proposal is for a 41 metre high monopole located at 249 Schreibers Road, Cooran. The infrastructure includes transmission equipment and outdoor cabinets, which are within a 110m2 leased compound. The locality plan is shown in Figure 1 below, and the detailed proposal plans included as Attachment 1.

Figure.1 Locality plan of 249 Schreibers Rd, Cooran.
site details
Background
In 2013, Council received an application for a proposed NBN tower at 321 Coles Creek Rd, Cooran (MCU13/0051), approximately 1.6km to the north of the subject site. As part of the site selection process, the applicant was asked to consider alternatives sites within the coverage area that were not as visually obtrusive.

The application was publicly notified and 87 submissions were received, including a petition with 363 signatures all objecting to the proposed site selection. As a result of the community’s objection to the proposed tower, the applicant subsequently withdrew the application in February 2015.
Site Description
The subject site is approximately 5km to the west of Pomona and 5km to the south of Cooran. The property is 54.83ha in size and extends from lower lying areas adjacent to Coles Creek and Schreibers Road up to a ridgeline extending along the property’s southern boundary. There is an existing house located near the lower lying areas near the road and several existing farm access tracks, small dams and fences on the site.

The farm is currently used for grazing and there is sparse existing vegetation on the hills, except for a cluster of mature 25m+ high trees along the ridgeline.

There is an existing high voltage electricity easement extending from the north west corner to the eastern lot boundaries. The easement includes 2 x 25m high electricity stanchions within the property and another stanchion located on the neighbouring property to the east at the top of the ridgeline (201 Schreibers Road).
Surrounding Land Uses
The site adjoins six rural zoned lots ranging in size from 2ha to 65ha in area. 211 Schreibers Road and 203 Sankeys Rd are the closest houses to the proposed tower, approximately 400m to the north and east. It is noted the existing high voltage power lines and stanchions are located between the proposed tower and these existing houses.
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions; and
the Planning Scheme for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
The site is located within the Regional Landscape and Rural Production Area of the SEQ Regional Plan. The proposal is consistent with the regional policies and regulatory provisions of the SEQ Regional Plan.
Statutory Instruments – The Noosa Plan
The subject site is located in the Mary River Catchment Locality and is zoned Rural. The proposed use is identified as an inconsistent use within the zone and is required to follow an impact assessable application process. While the whole of the planning scheme is applicable, the following codes and policies are most relevant to the application:
Mary River Catchment Locality Code
Planning Scheme Policy 23 – Telecommunication Towers
Infrastructure Uses Code

The pertinent issues arising out of the assessment are discussed below.

Code	Discussion
Mary River Catchment  Locality Code	The proposed 41m high tower is more than 400m away from the closest residential dwellings to the east and south, with the 25m high electricity stanchions located between the closest houses and the tower. There is also substantial 25m+ high existing vegetation adjacent to the proposed tower site. The site selection is a direct response to the community’s objections to the previous development proposal at Coles Creek Road. The current proposal is considered to be a more appropriate location as it is near existing high voltage electricity stanchions and mature vegetation. Even though the top of the tower will be seen by surrounding houses, the development will not significantly impact on the existing visual amenity of the area, consistent with the outcomes of the Code.
Planning Scheme Policy 23 - Telecommunication Towers	Section 3.2 & 3.4 of the Policy outlines matters for consideration when assessing proposals for towers. The most applicable points associated with the assessment of this proposal are: 3.2 a) Loss of vegetation on steep slopes or ridgelines; or 3.2 b) Visual scarring or the degradation of views or vistas from the major road network; or 3.2 c) Alteration to key landform and landscape characters such that they become dominated by the facility; or 3.4 d) Be positioned to minimise clutter of multiple facilities. No removal of vegetation or alteration to the landforms is required for the 110m2 lease area. The tower will not be readily seen from the major road network and the adjacent existing vegetation assists in screening the base of the tower. The height of the tower also allows future colocation opportunities with other telecommunication providers, consistent with the outcomes of the Policy.
Infrastructure Uses Code	The Code includes requirements around two central themes - Health & Safety and Visual Amenity. Health & Safety The Specific Outcomes of the Code require the development to avoid unacceptable risks to the environment or to personal and public safety. The applicant has provided a summary of the maximum cumulative radiofrequency (RF) and electromagnetic energy (EME) levels at ground level emitted from the proposed tower, assuming full power usage. The summary indicates the proposed tower will emit a maximum EME level from the tower, which is 0.071% of the Australian Radiation Protection and Nuclear Safety Agency’s (ARPANSA) regulated acceptable maximum radiation public exposure limits. Taking a precautionary approach to the sensitive issue concerning health and safety over time, certification is to be provided by the telecommunications carrier upon request.  The certification must demonstrate annual compliance with the Health & Safety requirements compared to ARPANSA regulations. Visual Amenity The Code seeks for the tower to be below 25m height in the Rural zone. The proposed tower is 41m high, with the applicant indicating the height is required to provide appropriate coverage to the surrounding properties. The tower will be sited amongst mature vegetation, near existing electricity infrastructure and setback more than 400m from the closest residential dwelling. As demonstrated by the photomontages of the tower from Sankeys and Schreibers Roads (See Attachment 2), the proposal is considered to be reasonably visually integrated with its setting and existing infrastructure so as not to dominate views from surrounding areas. Conditions are recommended for the development to be finished with suitable muted tones, no lights to be attached and existing vegetation to be kept around the perimeter of the lease area, which would assist in screening the tower.
Overlay Provisions
The following overlay codes are applicable to this application:
Natural Hazards Overlay (Medium Bushfire & Landslide Hazard Area)
The proposed development is a non-habitable structure, which will not result in an increase in the number of people living, working or congregating in the mapped bushfire or landslide hazard areas, thus meeting the outcomes of the Natural Hazards Overlay.

cONSULTATION
IDAS Referral Agencies
The application was referred to the following IDAS Referral Agencies:
Advice
Powerlink Queensland is an advice agency for development because part of the premises is subject to an electricity easement. On the 15 May 2015, the agency indicated that they have no objection to the proposed development.
Other Referrals
Nil.
Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable Planning Act 2009. Three (3) properly made submissions were received, with 2 submissions objecting and 1 in support of the application. The following table provides a summary and assessment of the issues raised by the objecting submitters.

Issues	Comments
Electromagnetic radiation from the tower will cause cancer.	The summary indicates the proposed tower will emit a maximum EME level from the tower, which is 0.071% of the Australian Radiation Protection and Nuclear Safety Agency’s (ARPANSA) regulated acceptable maximum radiation public exposure limits.
The value of adjoining properties will be reduced.	The assessment finds the proposal will not significantly impact on the existing visual amenity of the area.
The application material and public notification was misleading.	The applicant met the requirements for a properly made application (including appropriate lot descriptions and plans) and public notification requirements (including signage along Schreibers Rd and letters to all adjoining neighbours) as described by the Sustainable Planning Act 2009.
Strategic sites should be identified and zoned for towers as opposed to the ad-hoc development application and site selection process.	The current round of planning scheme amendments do not propose to change the zoning of any properties for such networks. The applicant indicates they have a number of framework agreements with third party mobile network operators which outlines the process and procedures in relation to co-location on NBN Co’s network infrastructure sites. The 41m high tower has the potential to include other operators to avoid the proliferation of towers.
conclusion
The proposed development is for a 41m high tower to be erected at 249 Schreibers Road, Cooran for the establishment of the fixed wireless network infrastructure of the National Broadband Network (NBN). The site is located within the Rural zone and the proposed Infrastructure use as a Service & Utility Type 3 Tower is identified as an inconsistent use within the zone.

Despite the inconsistency with the zone, the application has been assessed against the provisions of The Noosa Plan and does not raise any significant planning concerns. The tower does not pose an unacceptable risk to public safety. The proposed location is set amongst existing vegetation and is an acceptable distance away from neighbouring properties and the major road network, so as not to be visually dominant or obtrusive.

Whilst the proposed use raises a conflict with the Mary River Catchment Locality Code, it is considered that the following grounds are sufficient to support the proposal:
The telecommunications facility will provide coverage for the NBN fixed wireless network, allowing for the delivery of higher speed data to rural households in the Cooran area; and
The proposal will not significantly impact on the visual or residential amenity of the locality as it is to be located near existing infrastructure, and is screened by existing vegetation.
The application is therefore recommended for approval, subject to conditions.

Departments/Sections Consulted:

	Community Services	x	Planning & Infrastructure
	Disaster Management & Public Order		Building & Plumbing Services
	Waste & Environmental Health	x	DA Planning
	Community Facilities		Strategic Land Use Planning
	Cultural Facilities		Asset Design & Investigations
			Asset Planning
			Civil Operations
			Environment
	Executive Office		Corporate Services
	Community Engagement		Finance
	Customer Service		ICT
	Executive Support		Procurement & Fleet
	Governance		Property & Facilities
	Human Resources		Revenue Services

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	21 JULY 2015

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Proposed NBN Tower
— 249 Schreibers Rd, Cooran (MCU15/0034)

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