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Planning Application Noosaville
88 Goodchamp Street, Noosaville 4566 DEVELOPMENT APPLICATION TELECOMMUNICATIONS FACILITY FOR SATTELITE DISH AND ASSOCIATED WORK PREPARED ON BEHALF OF TELSTRA BY DECON TECHNOLOGIES
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Executive Summary
Address 88 Goodchap Street Noosaville
Legal Property Description Lot 5 Survey Plan 196846
Local Authority Noosa Shire Council
Proposal The proposal comprises building and works for
a 1.8m diameter satellite dish and ancillary
works including:
0.915m x 1.2m platform
Electronics enclosure with shroud
Associated electricity, earthing and fibre
cabling; and
7.62m x 4.0m x 1.8m high chain mesh fencing
surrounding the new satellite dish.
Development Application Triggers Development Application Triggers
The works are not exempt under the low
impact determination as the dish is greater
than 1.2m diameter in a residential area.
Therefore a development application is
required under the Noosa Plan 2020 (Noosa
Planning Scheme) for the 1.8m dish and the
ancillary works.
Relevant Zones and Overlays Community Facilities Zone (Utility)
Existing Condition Utility – existing Telstra exchange along with
lattice tower accommodating existing
telecommunications facility.
The proposal is to the rear of the existing
works.
Applicant Decon Technologies on behalf of Telstra
Contact Person Ashley Pollerd
[email protected]
0491015514
Our Site Name Ref. Noosaville Exchange & RT
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Introduction/ Background This report has been prepared by Decon Technologies on behalf of Telstra to support a development application. The application is for the installation of a satellite ground station which will allow Telstra to provide additional communications products and services to its customers. Our site name reference being Noosaville Exchange & RT Decon Technologies have been contracted to acquire the necessary planning and property approvals to support the Telstra network. The proposed installation by virtue of being a new dish that is 1.8m in diameter in a residential area is not considered a Low Impact Facility under the Commonwealth Telecommunications (Low Impact Facility) Determination in a residential area as defined in the determination. Therefore requires Council development approval. Decon Technologies commend this application for an expedient planning approval by the Noosa Shire Council to improve telecommunications in the local area. Subject Site and Surrounds The subject site for the facility is located at 88 Goodchamp Street Noosaville, QLD. The site already accommodates a Telstra exchange and a telecommunications facility on the existing lattice tower. The lot is located within the Noosa Shire Local Government Area and subject to the Noosa Plan 2020 Scheme (the Noosa Planning Scheme) There are a mix of uses nearby including residential, childcare, industrial, educational and other community uses. (Copy of Title Appendix 1)
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88
Goodchamp
Street
Figure 1 Aerial Photo of Site with drop pin to existing exchange building with arrow to the area of the proposal
Source Google Maps
The works proposal will be discussed in the proposal section in more detail below, but in summary a
new satellite dish is proposed along with associated equipment.
There are existing Telstra exchange and lattice towers already that host telecommunication carriers,
therefore the works proposed to the rear of the site are most suitable here.
The proposal will therefore not materially change the overall appearance of the landscape with no
material detriment or loss of amenity.
The proposal will positively improve the services to the local area providing a net community
benefit.
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The Proposal
The proposed satellite dish is comprised of the following:
• 1.8m diameter satellite dish with 1.8m long antenna;
• 0.915m x 1.2m platform;
• electronics enclosure with shroud;
• associated electricity, earthing and fibre cabling; and
• 7.62m x 4.0m x 1.8m high fencing surrounding the new satellite dish.
Refer to the Site and Proposal Plans attached.
The primary driver for proposing the installation of a satellite ground station is to allow Telstra to
provide additional communication products and services to its customers.
(Full Set of Plans of Proposal Appendix 2)
Key Regulatory Framework
Commonwealth Telecommunications Act, 1997
The Telecommunications Act 1997 (the Act) came into operation on 1st July 1997. The Act provides a
system for regulating telecommunications and the activities of carrier’s and service providers.
Under the Act, telecommunications carrier’s are no longer exempt from State and Territory planning
laws except in limited instances such as:
1. There are exemptions for inspection of land, maintenance of facilities, installation of low
impact facilities. These exemptions are detailed in the Telecommunications (Low Impact
Facilities) Determination and these exemptions are subject to the Telecommunications Code
of Practice
2. A limited case by case appeals process exists to cover installation of facilities in situations of
national significance; and
3. There are some specific powers and immunities from the previous Telecommunications Act
1991.
Telecommunications (Low Impact Facilities) Determination 2018
(Amendment No.1 2021)
The Telecommunications (Low Impact Facilities) Determination first came into effect on 1st July 1997
and has undergone a number of amendments with the most recent amendment being in 2021. The
Determination contains a list of Telecommunications Facilities that the Commonwealth will continue
to regulate. These are facilities that are essential to maintaining telecommunications networks and
are unlikely to cause significant community disruption during their installation or operation. These
facilities are therefor considered to be ‘Low impact’ and do not require planning approval under
State or Territory laws.
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The proposed 1.8m diameter satellite dish however requires approval under State Planning
legislation. This is due to the determination outlining that a 1.2m dish in a residential area such as
this being categorised as low impact.
But at 1.8m diameter satellite dish in this residential area as defined in the determination is not
exempt due to this 0.6m difference and requires a council development approval along with the
ancillary works.
These ancillary works in addition to the 1.8m satellite dish include
• 0.915m x 1.2m platform.
• electronics enclosure with shroud.
• associated electricity, earthing, fibre cabling
• 7.62m x 4.0m x 1.8m high chain mesh fencing with access gates
Had the area been classified as industrial in area then the proposal would not have required council
approval and would be exempt under the determination. Had the dish been 1.2m in
diameter it would also not need Council approval and would be exempt under the determination.
A 1.8m satellite dish is required though for it to function and it is required to be immediately near to
the existing exchange in its siting.
Therefore it needs a development application under the Noosa Planning Scheme for the proposal.
The works being on an existing exchange and telecommunications facility site pose little amenity or
environment impacts and capitalise and improve on the existing infrastructure providing a net
community benefit.
Telecommunications Code of Practice 2021
Under the Telecommunications Act 1997, the Government established the Telecommunications
Code of Practice 1997, which sets out the conditions under which a carrier must operate.
The code of practice has been updated over time, most recently the Telecommunications Code of
Practice 2018 was repealed and replaced with the Telecommunications Code of Practice 2021.
Within Chapter 1A Part 2 Section 1A.4 it is set out that a carrier must ensure that the design,
planning and installation of facilities is in accordance with “best practice”. This is required to:
“minimise the potential degradation of the environment and the visual amenity associated with the
facilities. (Chapter 1A Part 2 Section 1A.4 (3) )
Commonwealth Environment Protection Biodiversity and Conservation Act
1999
The Environment Protection and Biodiversity Conservation Act commenced on 16th July 2000. It
introduces a new role for the Commonwealth Government in the assessment and approval of
development proposals where those proposals involve actions that have a significant impact on
matters of National Environmental Significance, the environment of Commonwealth owned land and
actions carried out by the Commonwealth Government. The proposal is not of National
Environmental Significance, as it will not impact on:
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• world heritage properties
• national heritage places
• wetlands of international importance (often called 'Ramsar' wetlands after the international
treaty under which such wetlands are listed)
• nationally threatened species and ecological communities
• migratory species
• Commonwealth marine areas
• the Great Barrier Reef Marine Park
• nuclear actions (including uranium mining)
• a water resource, in relation to coal seam gas development and large coal mining
development.
There is no impact from the proposal see (EPBC Report Appendix 3)
Communications Alliance Ltd. Code C564:2020 Industry Code – Mobile Phone
Base Station Deployment
The Communications Alliance Ltd C564:2011 Industry Code – Mobile Phone Base Station
Deployment was first registered by the Australian Communications Media Authority (ACMA) in 2005
replacing the Australian Communications Industry Forum (ACIF) ‘Industry Code – Deployment of
Mobile Phone Network Infrastructure’ (more commonly referred to as the ACIF Code)
The ACMA code has had a number of revisions in 2011, 2018 and the current revision version is the
C564:2020 Mobile Phone Base Station Deployment Industry Code.
The current Code outlines the purpose of the Code and the factors that have been taken into
account it its development.
The Code replaces the C564:2018 Mobile Phone Base Station Deployment Industry Code. The
objectives of this revision to the Code are:
(a) to specify the public notification obligations for deployment of temporary facilities;
(b) to align the Code with legislative changes made to the Telecommunications (Low impact
Facilities) Determination 2018; and
(c) to clarify that the Code does not apply to certain activities under subclause 17(6) of Schedule 3 to
the Telecommunications Act 1997 that need to be carried out without delay.
The Code supplements the requirements already imposed on Carrier’s under the existing legislative
scheme by requiring them to consult with local communities and to adopt a Precautionary Principle
in the site selection, design and operation of mobile phone base stations.
The Code cannot change the existing regulatory regime for telecommunications at Local, State or
Federal level. However, it supplements the existing obligations of exposure to radio signals,
sometimes known as electromagnetic energy (EME or EMR). The Code imposes mandatory levels of
notification and community consultation for sites complying with the Telecommunications (Low
impact Facilities) Determination. It identifies varying levels of notification and/ or consultation
depending on the type and location of the infrastructure proposed. The subject proposal, not being
designated a ‘Low impact’ facility, is not subject to the notification or consultation requirements
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associated with the Deployment Code. These processes are handled within the relevant State and Local consent procedures. Nevertheless the intent of the Code, to ensure Carrier’s follow a ‘precautionary approach’ to the siting of infrastructure capitalising on an existing exchange site and telecommunications facility to improve services to the community. All emissions from the site will be will within the requirements of the relevant Australian Standard. in accordance with the Code’s ‘precautionary approach’. Telstra has applied the Precautionary Approach in the Selection and Design of the proposed. This site has been selected and designed to comply with the requirements of the Deployment Code in so much as the precautionary approach has been adhered to and, as a result the best design solution has been achieved EME and Health Telstra acknowledges some people are genuinely concerned about the possible health effects of electromagnetic energy (EME) from mobile phone base stations and is committed to addressing these concerns responsibly. Telstra, along with the other mobile phone carriers, must strictly adhere to Commonwealth Legislation and regulations regarding mobile phone facilities and equipment administered by the Australian Communications and Media Authority (ACMA). In 2003 the ACMA adopted a technical standard for continuous exposure of the general public to RF EME from mobile base stations. The standard, known as the Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2003, was prepared by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) and is the same as that recommended by ICNIRP (International Commission for Non- Ionizing Radiation Protection), an agency associated with the World Health Organisation (WHO). Mobile carriers must comply with the Australian Standard on exposure to EME set by the ACMA. The Standard operates by placing a limit on the strength of the signal (or RF EME) that Telstra can transmit to and from any network base station. The general public health standard is not based on distance limitations, or the creation of “buffer zones”. The environmental standard restricts the signal strength to a level low enough to protect everyone at all times. It has a significant safety margin, or precautionary approach, built into it. In order to demonstrate compliance with the standard, ARPANSA created a prediction report using a standard methodology to analyse the maximum potential impact of any new telecommunications facility. Carriers are obliged to undertake this analysis for each new facility and make it publicly available. Importantly, the ARPANSA-created compliance report demonstrates the maximum signal strength of a proposed facility, assuming that it’s handling the maximum number of user’s 24-hours a day. In this way, ARPANSA requires network carriers to demonstrate the greatest possible impact that a new telecommunications facility could have on the environment, to give the community greater peace of mind. In reality, base stations are designed to operate at the lowest possible power level to accommodate only the number of customers using the facility at any one time. This design function is called
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“adaptive power control” and ensures that the base station operates at minimum, not maximum,
power levels at all times.
Using the ARPANSA standard methodology, Telstra is required to complete and make available an
EME report which predicts the maximum environmental EME level the facility will emit. Telstra has
undertaken a compliance report that predicts the maximum levels of radiofrequency EME from the
proposed installation. The maximum environmental EME level predicted from this proposed facility
is within the allowable limit under the ARPANSA standard.
Telstra relies on the expert advice of national and international health authorities such as the
Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) and the World Health
Organization (WHO) for overall assessments of health and safety impacts.
The WHO advises that all expert reviews on the health effects of exposure to radiofrequency fields
have concluded that no adverse health effects have been established from exposure to
radiofrequency fields at levels below the international safety guidelines that have been adopted in
Australia.
Telstra has strict procedures in place to ensure its mobile phones and base stations comply with
these guidelines. Compliance with all applicable EME standards is part of Telstra’s responsible
approach to EME and mobile phone technology.
State Planning Controls
As identified in Commonwealth sections of this report above, the proposed facility does not fall
within the definition of the Telecommunications (Low Impact Facilities) Determination 2018
(Amendment no.1 2021) It is therefore subject to State Planning instruments and regulation in
addition to the Commonwealth regulatory framework.
This is mainly fostered at the local level via the Council planning schemes.
State Planning Policy
It is state policy to have infrastructure integration.
The Noosa Planning Scheme
Part 1 About the Noosa Planning Scheme
1. The Noosa Plan 2020 (planning scheme) has been prepared in accordance with
the Planning Act 2016 as a framework for managing development in a way that
advances the purpose of the Planning Act.
2. In seeking to achieve this purpose, the planning scheme sets out Noosa Shire Council's
intention for future development in the planning scheme area, over the next 20 years.
3. The planning scheme seeks to advance state and regional policies, through more
detailed local responses, taking into account the local context.
4. While the planning scheme has been prepared with a 20 year horizon, it will be
reviewed periodically in accordance with the Act to ensure that it responds
appropriately to the changes in the community at a local, regional and state level.
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5. The planning scheme applies to the planning scheme area of Noosa Shire including all
premises, roads, internal waterways, local government tidal areas and interrelates with
the surrounding local government areas
Part 1.2 Planning scheme components
1. The planning scheme comprises the following components:
1. about the planning scheme
2. state planning provisions
3. strategic framework
4. local government infrastructure plan
5. tables of assessment
6. the zones and zone precincts specified in Table 1.2.1
7. the local plans specified in Table 1.2.2
8. the overlays specified in Table 1.2.3
9. the development codes specified in Table 1.2.4
10. schedules and appendices.
2. The planning scheme policies specified in Table 2.5 Planning Scheme policies which
support the planning scheme.
Zone
The land is zoned Community Facilities Zone under the Noosa Plan 2020 (Noosa Planning Scheme.)
Community Facilities – Utility Installation.
This zone reflects that the site is an existing Telstra exchange and also hosting an existing
telecommunications base station on the lattice tower at the site.
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Community Facilities Zone Annotations 1 Utility Installation Figure 2 Zone Map
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Telecommunications Facility Code of Assessment
The scheme also includes a code of assessment for telecommunications. The proposal in the plans
and described in this report is deemed to comply
Acceptable Outcomes
Performance Outcomes
Telecommunications Facility
Amenity
PO16 AO16.1
Telecommunications facilities: Telecommunications facilities are limited to
land in the following zones:
1. do not adversely impact on
the amenity of nearby 1. Community Facilities Zone;
residential, community or 2. Medium Impact Industry Zone;
other sensitive land uses; 3. Low Impact Industry Zone;
2. do not result in the loss 4. District Centre Zone;
of vegetation on steep 5. Major Centre Zone; or
slopes or ridgelines; 6. Rural Zone.
3. do not cause visual scaring or
the degradation of views or AO16.2
vistas from the major road Telecommunication facilities:
network;
4. do not result in the loss of 1. maintain the integrity of
distinct character associated landmarks and places of
with the various towns, significance;
villages or rural areas of the 2. are unobtrusive when viewed
Shire; from any part of the major
5. do not noticeably alter the road network and avoid
key landform and landscape interrupting significant views;
character of its setting such 3. are architecturally integrated
that it becomes dominated with the building/structure
by the facility; and they are mounted on;
6. do not impact on views to 4. are camouflaged through the
and from waterways or use of colours and materials
beaches. which blend into the
surrounding landscape or
where mounted on
a building are colour matched
to their background, using non-
reflective paint;
5. are positioned to
minimise clutter of multiple
facilities;
6. are at least partially screened
by vegetation; and
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7. in activity centres are
positioned and designed to be
less visible by pedestrians.
AO16.3
Except where co-located with an
existing telecommunications facility,
telecommunications facilities are located at
least:
1. 400 metres from a residential
activity;
2. 500 metres from any childcare
centre, community care
centre, educational
establishment or park;
3. 20 metres from any public
pathway; and
4. 1 kilometre from any other
existing or
approved telecommunications
facility.
AO16.4
The height of a tower does not exceed:
1. 20 metres where within the
Urban boundaries; and
2. 25 metres where outside of the
Urban boundaries.
AO16.5
Where co-located with another
existing telecommunications facility the
height of a tower does not exceed:
1. 25 metres where within the
urban boundaries; and
2. 30 metres where outside the
urban boundaries.
AO17 AO17
Telecommunication towers do not cast For proposed buildings or structures having
shadows such that the amenity of a height exceeding 8.5 metres above ground
surrounding premises or usability of public level and a cross-sectional area exceeding
open space is unreasonably reduced. 20m2, shadowing does not affect residential
lots, childcare centres or public open
space to the extent of more than 20% of
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their site area for a period in excess of three
hours on any day of the year.
Health and Safety
PO18 AO18
The obtrusiveness of lighting is minimised Telecommunication facilities are designed
without unreasonably limiting the use, and operated to restrict human exposure to
enjoyment or safety of outdoor recreation electromagnetic radiation in accordance
facilities. with industry standards and best practice.
Editor's note- compliance with Radio
Communications (Electromagnetic Radiation
– Human Exposure) Standard
2003 and Radio Protection Standard for
Maximum Exposure Levels to
Radiofrequency Fields, as updated from time
to time, would be expected as a minimum.
PO19 AO19.1
Telecommunication facilities are not Security fencing is provided to prevent
publicly accessible. unauthorised entry to
the telecommunications facility.
AO19.2
Safety and warning signage are displayed
where necessary.
Co-location
PO20 The structural elements of
Telecommunication facilities are designed the telecommunications facility are
to facilitate the co-location with other designed to support co-masting or co-sting
telecommunications facilities. with other carriers.
The proposal meets all the above where relevant. The works are collocated at an existing
exchange and telecommunications site. In a community facilities zoning that is appropriate
for such telecommunications infrastructure activities.
The works are safe and fenced and meet the relevant health requirements in terms of low
power emissions as outlined in the report above, safety and warning signage is displayed
where necessary at the site.
The works are aesthetically well placed to the rear of the site away from roads minimising
public visibility, and not impacting on key buildings, vistas or landmarks whilst also being
practical of needing to be in such a location near the exchange. It will not result in adverse
amenity loss to others and will be well camouflaged in such a screened location. There will
be no adverse shadowing or other negative impacts. There is no impact to the environment
or heritage in this location.
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Although near housing and childcare, the exchange and telecommunications facility is also existing and the satellite dish proposal will provide a net community benefit to local telecommunications. The dish cant be smaller to meet the low impact determination permit exemptions and cant be located elsewhere, as it needs to be near to the existing exchange to function. The works are deemed to meet all relevant codes/ acceptable outcomes in terms of earthworks, drainage, the environment/ sustainability, traffic. Erosion, Sedimentation Control and Waste Management All erosion and sediment control mitigation measures will be detailed in construction plans and will comply with the Building Code of Australia and Local Council standards. On completion of the installation, the site will be restored and reinstated to an appropriate standard. No waste which requires collection or disposal will be generated by the operation of the facility. Traffic Generation The proposed dish is located within an existing telecommunications facility. It is not considered to require additional staff during the operational phase. Construction access will be via the existing driveway and the frequency and number of vehicles during construction is considered to be minimal given the satellite is prefabricated off-site. The traffic generation will therefore be minimal and not sufficient to create any adverse impacts in this regard or by creating a demand for parking facilities. Noise Noise and vibration emissions associated with the proposed facility will be limited to the initial construction phase. Flora and Fauna The proposed site is not located within an area of ecological significance as defined in any environmental planning instrument. No vegetation or trees are required to be removed in order to erect the satellite dish and ancillary equipment/ works Social and Economic Impact Reliable mobile phone coverage is important to ensure the economic growth of communities in regional areas. There are not expected to be any adverse social or economic impacts as a result of the development. Indeed, it is anticipated that there would be positive impacts because of the mobile telephone coverage, and the proposed facility could also be utilised in the event of an emergency with reference to mobile phone and internet use. The proposed development is essential to enable carriers to remain competitive and increase the choice of mobile telephone services to consumers. Additional competition in the market will have economic benefits for individual consumers and the community as a whole. The development is consistent, with the objectives of the Telecommunications Act 1997, namely: • To promote “the efficiency and international competitiveness of the Australian telecommunications industry” (s.3 (1)); and • To ensure that telecommunications services “are supplied as efficiently and economically as practicable” (s.3 (2) (a) (ii).
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Conclusion This application is a direct result to improve the telecommunications coverage of Noosaville. The drawings respond to the principles of design, siting, construction and operation of telecommunications facilities whilst meeting state and local planning policy objectives. Telstra, together with Decon have undertaken an assessment of the relevant matters as required by the Telecommunications Act 1997, and the Noosa Plan 2020. The proposed satellite dish is considered appropriate for the subject site for the following reasons: • It will assist in providing reliable telecommunication services to Noosaville and the surrounding district. • It is located within an existing telecommunications facility and exchange compound. • The proposal is generally consistent with the relevant provisions of the Zone and the Noosa Plan 2020. • The proposed facility is appropriately located next to the existing built form and will be fenced. For the reasons outlined above, it is respectfully requested that consent is granted for this development application. Appendix 1 Title Particulars 2 Plans of the Proposal 6 EPBC Report
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