MCU13-0052 - Delegated Report

DELEGATED REPORT
PLANNING

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	MCU13/0052
	
Author:	Jack Lewis – Development Planner
	

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:	22/03/2013
Information Request Date:	22/04/2013
Info Response Received Date:	06/11/2013
Decision Due Date:	14/01/2014
Number of Submissions:	Nil

PROPERTY DETAILS
Division:	12
Property Address:	153 Lake Flat Rd BOREEN POINT  QLD  4565
RP Description:	Lot 2 RP 126723
Land Area:	105.97 Ha
Existing Use of Land:	Pine plantation forestry and associated farm shed

STATUTORY DETAILS
SEQRP Designation:	Regional Landscape and Rural Production
Planning Scheme:	The Noosa Plan (8 August 2011)
Planning Locality:	Boreen Point, Kin Kin & Cootharaba
Planning Zone:	Rural
Assessment Type:	Impact

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 that provide a broadband service via radio transmissions. These base stations communicate directly with antennas fixed to individual premises (eg. dwellings or businesses) to deliver wireless broadband access.

The proposal is for a 40 metre high monopole located at 153 Lake Flat Road, Boreen Point with radio transmission equipment and outdoor cabinets, which are within a 70m2 leased compound area. The compound and tower is setback 40m from the northern property boundary with Lake Flat Road, adjacent to an existing clearing for electricity lines through the site (a copy of the site, proposal plans and photomontages are included below).

SITE DETAILS:
Background
The site includes an existing shed within the middle of the property. There are no existing planning approvals over the site, and appears to be used for plantation forestry.

As part of the site selection process, the applicant identified three sites within the area for the infrastructure to be located. The applicant’s site selection criteria and discussion about their locations are described below:

Candidate	Positives	Negatives	Preferred Option
A		Unable to secure a lease Required vegetation removal	x
B		Unable to secure a lease Required vegetation removal	x
C	Physical separation from residential properties. No vegetation is required to be removed.		
Site Description
Site & Locality Description
Road Frontage	The proposed site includes 2km of frontage to Lake Flat Road. Access is secured to the lease area via an existing access driveway.
Existing Significant Vegetation	The proposed monopole is located amongst existing pine and eucalypt trees. The development does not require the removal of any vegetation.
Topography:	The location of the tower is at 29m AHD with the site sloping towards Lake Cootharaba to the east.
Surrounding Land Uses:	The site adjoins existing rural properties to the south and west. Across Lake Flat Road to the north are two properties with existing houses which are more than 150m away from the proposed infrastructure.

STATUTORY ASSESSMENT:

The application has been assessed against the following statutory instruments, including:

the South East Queensland Regional Plan,
any applicable state planning policies,
the state planning regulatory provisions,
any applicable temporary local planning instrument

The applicable planning scheme for the application is The Noosa Plan. The subject site is located in the Boreen Point, Kin Kin & Cootharaba Locality and is zoned Rural.

The proposed use is identified as an inconsistent use within the zone and required to follow an impact assessable application process. While the whole of the planning scheme being applicable, the following codes and policies are most relevant to the application:

Boreen Point, Kin Kin & Cootharaba Locality Code
Planning Scheme Policy 23 – Telecommunication Towers
Infrastructure Uses Code

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

Code	Discussion
Boreen Point, Kin Kin & Cootharaba Locality Code	The proposed Infrastructure Use - Service & Utility Type 3 (Tower) is identified as an inconsistent use within the Rural zone. The proposal is required to be assessed against the Overall Outcomes of the Code. The relevant outcomes seek for structures to not visually dominate the street, surrounding spaces or the existing skyline. The proposed tower is situated amongst existing mature 25m+ high vegetation on the site and within the road reserve. There is also more than 150m separation between the tower and the houses across Lake Flat Road, so as it would not be visually prominent, when viewed from Lake Flat Road or the surrounding residential houses. The proposal is appropriately located so as to service the residents in the rural areas north of Boreen Point and is considered to comply with the Overall 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 scaring 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. 3.4 d) Be positioned to minimise clutter of multiple facilities. 3.4 e) Impact on views to and from waterways, beaches and riparian zones. The applicant indicates that the siting of the proposed monopole does not require any removal of vegetation or any modifications to the landform. The tower will also not be prominent, when seen from part of the Major Road Network (Lake Flat Road). The proposal is consistent with the Outcomes sought by the Planning Scheme Policy and the Locality Code, whereby the proposed development is appropriately located and sized, so as to not dominate the landscape character of the locality or degrade the views from the surrounding rural areas. The Policy seeks for carriers to co-locate infrastructure, and are obliged to consider co-location on existing public utility structures. The closest existing telecommunications infrastructure is located more than 10km away and the area is recognised as a black spot for mobile telecommunications infrastructure. The location of the proposed tower will assist in increasing telecommunication services in the area and the tower is suitably sized so as to allow other carriers to co-locate in the future. The applicant was also questioned as to why co-location of this tower with a separate proposed NBN tower in the southern portions of the property (MCU13/0053 – Boreen Point South) was not considered. The applicant advises that a tower located in the middle of the property servicing both Boreen Point town and the residential houses to the north would not meet their servicing requirements, with two separate towers required. Furthermore, the location provides line of site to other planned towers for network connectivity.
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 0.016% 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 Probable Solution 10.1 requires that the tower is not established in the Detached Housing, Semi Attached Housing, Attached Housing or Visitor Mixed Use zones. The corresponding Specific Outcome O39 seeks that the tower is visually integrated with its landscape or townscape setting so as not to be visually dominant or obtrusive.  The proposed 40m monopole tower is located within the Rural zone and is set amongst existing vegetation. The monopole is more than 150m from the closest house and is considered to be visually integrated with its setting so as not to be visually dominant, when viewed from surrounding areas. A condition is recommended for the development to be finished with suitable muted tones, the tower to be restricted to 41m in height (allowing for installations), and for no lights to be attached.

Overlays
The following planning scheme overlays are applicable to this application:

Natural Hazards Overlay (Medium Bushfire 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 hazard area, thus meeting the outcomes of the Natural Hazards Overlay.

CONSULTATION:

IDAS Referral Agencies

Not Applicable
Other Referrals
Nil

Public Notification

The application was publicly notified for 15 days in accordance with the requirements of the Sustainable Planning Act 2009.  No submissions were received.

CONCLUSION:

The proposed development is for a 40m high monopole to be erected at 153 Lake Flat Rd, Boreen Point 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 Boreen Point, Kin Kin & Cootharaba 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 residential households in the area; and
The proposal will not significantly impact on the visual or residential amenity of the locality and is screened by substantial vegetation buffers.
The application is therefore recommended for approval, subject to conditions.

RECOMMENDATION

APPROVE WITH CONDITIONS Application No. MCU13/0052 for a Service & Utility Type 3 Tower situated at 153 Lake Flat Rd, Boreen Point as identified in the attached details recommended for the Decision Notice.

Development Application Number MCU13/0052

1.	APPLICATION DETAILS

Application No:	MCU13/0052
Street Address:	153 Lake Flat Rd, Boreen Point
Real Property Description:	Lot 2 RP 126723
Planning Scheme:	The Noosa Plan (8 August 2011)

2.	DECISION DETAILS

The following type of approval has been issued:

Development Permit for Material Change of Use - Service & Utility Type 3 Tower

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 4 years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER 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 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, unless otherwise approved in writing by council to allow co-location for a low impact facility.

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 set back a minimum of 2 metres from the front boundary and must be camouflaged through the use of colours, materials and screening vegetation to blend the fence into the visual landscape.

Any proposed new fencing to delineate lease area boundaries must be constructed to allow for the movement of fauna.  Such fencing must not include any use of barbed wire or similar materials.

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.

LANDSCAPE & ECOLOGY

Existing Vegetation
Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use.

5.	REFERRAL AGENCIES

Nil

6.	APPROVED PLANS

The following plans are Approved Plans for the development:

Approved Plans
Plan No.	Rev.	Plan Name	Date
4POM-51-36-BPN-C2	02	Overall Site Plan, prepared by Aurecon	20/02/03/2013
4POM-51-38- BPN -C3	02	Site Setout Plan, prepared by Aurecon	20/02/03/2013
4POM-51-38- BPN -C4	02	Site Elevation and Details, prepared by Aurecon	20/02/03/2013

7.	REFERENCED DOCUMENTS

Not Applicable.

8.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:

Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth); and
Anti-Discrimination Act 1991 (Queensland).
Sunshine Coast Regional Council recommends that the following matters be considered to address equitable access and facilities in the building:
the building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS 1428.2;
applicants should be aware that a “Disability Standard on Access to premises” is currently being developed and most likely will impose changes on the Building Code of Australia; and
any services and facilities in the building complex should allow independent, dignified and equitable use of the services and facilities for all people.

Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that:  “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage.”   It is an offence to fail to comply with the duty of care.  Substantial monetary penalties may apply to individuals or corporations breaching this duty of care.  Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.

9.	PROPERTY NOTES

Not Applicable.

10.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

11.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Work

12.	SELF ASSESSABLE CODES

Not Applicable.

13.	SUBMISSIONS

Nil

14.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

The Assessment Manager considers the decision conflicts with the planning scheme and the following are sufficient grounds to justify the decision despite the conflict:

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 area; and
The proposal will not significantly impact on the visual or residential amenity of the locality and is screened by substantial vegetation buffers.

15.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.

During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval.  If Council agrees or agrees in part with the representations, a “negotiated decision notice” will be issued.  Only one “negotiated decision notice” may be given.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

16.	OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

REPORT COVER SHEET
PLANNING ASSESSMENT BRANCH

Application no:	MCU13/0052
	
Author:	Jack Lewis – Development Planner
	

TO BE COMPLETED BY PROJECT MANAGER / REPORT AUTHOR:

Is referral required to the Councillor Delegated Sign Off Mailbox?:	Yes
Has a site inspection been undertaken?	Yes
Has Infrastructure Policy Branch been notified and a request for an Infrastructure Contributions calculation been made?	No

Material to give to the Project Director

□	A copy of any previous edited version of the report
□	Plans and documents recommended to become Approved Plans and Documents
□	Location plan / aerial photographs at appropriate scales
□	Copy of all specialist advice and/or memos (or alternatively tagged in the file)
□	Site photos (where obtained)
□	Copy of all referral agency responses (or alternatively summarised in the body of the report)
□	Copies of all adjoining approvals and past approvals for the site as may be relevant

PROJECT MANAGER	PROJECT DIRECTOR

Signature:	Signature:
	
Position:  Development Planner	Position: Development Planner
	
Date:	Date:

TO BE COMPLETED BY PROJECT DIRECTOR:
(Note: to be signed after the Councillor Delegated Sign Off referral process is completed (where applicable))

I exercise delegation in accordance with the delegations adopted by Council on 12 December 2009:

Signature:	Date:
	
PROJECT DIRECTOR	

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DELEGATED AUTHORITY REPORT

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