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MCU16_0099 - Objection
Attached to the e-mail PM Submission Object - M Page MCU16/0099 & OPW16/0218.
By email
22 March 2017
Dear Mr Koschade
This letter concerns the proposed installation and operation of an nbn™ tower at 23 Jirrima
Crescent (Lot 47 on RP136461), application number MCU16/0099 (herein referred to as ‘the
proposed development’). I object to the proposed development on a number of grounds,
most notably the fact that the installation of a tower at this location in a Rural Settlement
Zone is not compliant with the Noosa Plan, it causes a visual impact to neighbouring
properties and degrades the amenity and value of the surrounding area.
Details of the objections are provided below.
1 Non-compliance with the Noosa Plan
Non-compliance with Part 5 – Cooroibah Locality Plan
Construction of a telecommunications tower is classified as an infrastructure use. In
accordance with Table 5.3 of Part 5 – Cooroibah Locality Plan of the Noosa Plan, an
infrastructure use is an inconsistent use in the Cooroibah Locality. Furthermore it is an
inconsistent use in a Rural Settlement Zone as stated in Section 5.20 of this part of the Plan.
The works are non-compliant with a number of aspects of Part 5 of the Noosa Plan. Whilst it
is noted that the Town Planning Report acknowledges that the proposed development does
not comply with Outcome O5 - Height, additional comments are provided below:
- Division 11 - Specific outcomes for Cooroibah Locality Section 5.9, Outcome O5 - Height
‘Buildings and other structures have a maximum building height of 8 metres’
o The proposed development is considerably higher at 45m and therefore does not
comply with this outcome.
o The structure is not low rise and is not consistent with the adjoining structures,
the closest of which is only 220 m away.
o The structure will visually dominate the streetscape at its proposed location.
Whilst the Town Planning Report states that mature vegetation will assist in
minimising the visual impact, as illustrated in the image over the page, the
majority of the vegetation has a height of approximately 8m (also illustrated and
acknowledged in Drawing No 4YM-51-36-C000-C4 in Appendix A of the Town
Planning Report).
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Page 2
Image of Lot 47 on RP136461 from Jirrima Crescent
Contrary to the advice provided in the Town Planning Report, it is deemed that the proposed
development is also non-compliant with the following specific outcomes of Part 5 of the
Noosa Plan:
- Division 11, Section 5.9, Outcome O6 Setbacks
o The height of the tower does not preserve the visual privacy of adjoining and
nearby properties.
o The proposed development does not maintain the visual continuity and pattern of
buildings and landscape elements within the street.
- Division 11, Section 5.9, Outcome O10 Materials and Finishes
o A galvanised 45m monopole does not complement the rural character and will
not integrate with the surrounding natural landscape. With the opportunity in the
future for other service providers to co-locate on the monopole the integration
with the natural surroundings will be further degraded.
The proposed development does not comply with Part 5, Division 10 – Overall outcomes of
the Cooroibah Locality, with relevant aspects outlined in the table below.
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Part 5, Division 10, Section 5.7.2 Response The overall outcomes sought for the The proposed development: Cooroibah Locality are the following— - is not compatible with other uses in the a) New uses and works are located, immediate and surrounding area; and designed and managed to— - will impact on the visual amenity of i be compatible with other uses and works; neighbouring properties. ii maintain the safety of people and works; The impact to visual amenity will be further iii avoid significant adverse impacts on the affected if other providers locate infrastructure amenity enjoyed by users of other on the tower in the future. premises, including impacts on acoustic and visual qualities; and iv avoid significant impacts to native habitat including fragmentation, attrition, or removal of vegetation or significant habitat features; f) The dominant land uses are— The proposed development is not consistent i rural settlement, at varying densities with the dominant land use and does not consistent with the environmental complement the natural bushland setting of the constraints of the area; and area. ii open space, comprising natural bushland settings in both public and private tenure; i) Residential and rural settlement uses in An nbn™ tower located in a Rural Settlement the area are supported by a community Zone does not provide a community focal point focal point, with basic services to support but detracts from the amenity and value of the the local community; area. v) For the Rural Settlement Zone— The proposed development: detached housing on large lots— - does not integrate with the rural residential i is the dominant building form, to the built form of the surrounding properties general exclusion of other uses; and will degrade with amenity of this area; ii incorporates designs that respond to, and - is not in keeping with the relaxed rural are integrated with site characteristics lifestyle of the area; including steep slopes and native - degrades and does not contribute to the vegetation; rural character and amenity of the area; iii offers a relaxed rural lifestyle for and residents; - is an artificial form on the landscape which iv contributes to the rural or semi-rural should be dominated by native vegetation. character and amenity of the area; v may be located in close proximity to working farms or other rural industries; vi offer convenient access to Tewantin via sealed roads; vii include associated home-based businesses on large lots such that neighbours are not impacted upon; and viii are dominated by native vegetation and landscaping;
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Division 14, ‘Specific Outcomes and Probable Solutions for the Rural Settlement Zone’,
Section 5.22, Outcome O35 of the Noosa Plan requires that a development (in the Rural
Settlement Zone) is at a scale and nature complementary and respectful to its surroundings
and does not unduly impact on the visual amenity of adjoining and surrounding development.
For reasons outlined above the proposed development is not complementary and respectful
of its surroundings, and will impact on the visual amenity of the adjoining and surrounding
area. The proposed development therefore does not comply with this requirement of the
Noosa Plan.
Section 5.6 of Part 5 of the Noosa Plan states that development complies with the Cooroibah
Locality Code if it:
- fulfils the specific outcomes for the locality in Division 11; and
- is a consistent use and fulfils the specific outcomes for the relevant zones (Divisions 12 to
16).
As outlined above the proposed development does not fulfil all the specific outcomes of
Division 11 and is an inconsistent use for the Rural Settlement Zone. In this regard the
development does not comply with the Cooroibah Locality Code in the Noosa Plan and
should not be approved.
Non-compliance with the Infrastructure Uses Code
It is considered that the proposed development is non-compliant with sections of the
Infrastructure Uses Code in the Noosa Plan as outlined below.
- Section 14.37 Overall Outcomes
This section requires the following:
a) Residents and visitors have access to adequate levels of infrastructure to meet their
needs;
b) Infrastructure Uses do not detract from the visual amenity of the major road network nor
on the rural or residential amenity enjoyed by residents of and visitors to Noosa;
c) Facilities are co-located where appropriate and practical;
d) Infrastructure uses are energy efficient;
e) Infrastructure Uses do not pose a threat to public safety;
f) The natural character and environmental values of Noosa are protected from adverse
impacts associated with Infrastructure Uses; and
g) Convenient, comfortable and safe access is provided with the design of infrastructure
uses.
The proposed development is not compliant with items (b), (c) and (f).
- Section 14.38, Table 14-21, Outcome O1 Location and Siting
‘For Installations and Towers, where practicable, infrastructure is a) co-located with
existing Infrastructure Uses’
o The proposed development is not being co-located with existing similar
infrastructure uses.
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o It is considered that the site selection process was minimal and did not consider
other options where the use in consistent with the requirements of the Noosa
Plan.
o Contrary to the response provided to this outcome in the Town Planning Report it
is considered that:
The significant separation distance of the proposed development from
sensitive receptors is not significant, being only 220m from the nearest
rural residential dwelling.
The tower will not be screened by vegetation. As noted on the proposed
plans in Appendix A of the Town Planning Report and illustrated in the
image above, the average tree height is only 8m and will in no way screen
a 45m tower.
The installation of a 45m monopole in a rural residential area is not
considered to be compatible use.
- Section 14.39, Table 14-2 Outcome O2 Separation from Incompatible Uses
Sufficient separation distance is provided between Infrastructure Uses and incompatible
uses on the same site and neighbouring premises to maintain amenity for neighbouring
uses.
The closest dwelling, or incompatible use, is 220m from the proposed development. It is
understood that in other planning schemes a minimum distance of 400m is required. A
distance of 220m is not considered a sufficient setback for a dwelling in the Rural Settlement
Zone in the Cooroibah Locality.
- Section 14.39 Table 14-21, Outcome O4 Building Siting and Design
The siting and design of buildings or other structures reflects and is compatible with the
setting and character of the locality in which the Infrastructure Use is located, including the
use of sympathetic colour schemes.
The proposed development is situated in a rural residential area with vegetation at Jirrima
Crescent having an average height of 8m. In addition, the proposed development is only
220m from the nearest dwelling. In this regard the installation of an nbn™ tower, on Lot 47
on RP136461 is not compatible with the setting and character of the locality. The character
will be further degraded should other service providers to co-locate on the monopole.
- Section 14.41 ,Table 14-23 Service & Utility Type 3 – Tower, Outcome O10 Visual
Amenity
The tower is visually integrated with its landscape or townscape setting so as not to be
visually dominant or obtrusive.
The tower does not visually integrate with the landscape being 37m taller than the
surrounding dominant vegetation and significantly taller than the single storey dwellings in
the area. The tower will be visually obtrusive to local road users and nearby residents.
The tower will not be camouflaged through the use of colours that blend into the landscape.
Page 6
The proposed development is not co-located on an existing telecommunications tower.
S10.3 of this outcome clearly states that a tower must not exceed a height of 25m on land in
a Rural Zone. The proposed development, albeit in a Rural Settlement Zone, is considerably
higher at 45m.
Non-compliance with Desired Environmental Outcomes
Section 7.1 of the Town Planning Report states that the proposed development complies
with the Desired Environmental Outcome (DEO) 3.1.3 (c) Community Uses and Facilities
which requires an adequate range of community services and facilities supporting the
physical, safety, artistic and social needs of the community are equitably distributed having
regard to the-
(i) Location and density of housing
(ii) Location of transport infrastructure
(iii) Location of business centres
(iv) Social, economic and demographic patterns of Noosa; and
(v) Functions of towns and village
It is considered that the proposed development does not comply with this DEO as it is an
inconsistent use that has no regard for the rural setting, low set dwellings and bushland
vegetation in the surrounding area.
The proposed development does not comply with DEO 3.1.3 (g) Open space, environment
and conservation functions as the installation of a 45m monopole with the potential for other
service providers to co-locate at this site in the future does not enhance visual amenity (Item
(vii)). Contrary to the response provided in the Town Planning Report it is considered that
the proposed development will not aid economic and social growth in the area, but will in fact
devalue the adjoining rural properties.
In response to DEO 3.1.1(l) the Town Planning Report states that the facility has been
appropriately sited near a heavily vegetated reserve, which, along with the existing
vegetation on the surrounding residential allotments, will offer screening to the facility when
viewed from the surrounding area. As identified in images provided in this letter the
proposed development will be clearly seen from Jirrima Crescent. The ‘heavily vegetated
reserve’ is to the west of the proposed development. To the east the average vegetation
height is only 8m and will not screen the 45m tall tower.
The report goes on to state that:
- The significant setback distances offered by the rural residential allotments that
characterise the settlement of the area, will provide appropriate separation between the
facility and existing uses.
o A distance of 220m from the nearest dwelling is not a significant setback.
- The siting of this facility has been a strategic and comprehensive process undertaken to
provide an efficient and high quality service to the community, whilst minimising potential
impacts on amenity and the environment.
Page 7
o Consideration of only four sites is not deemed to be comprehensive or strategic
process for a use that is inconsistent with the locality.
The proposed development is not compliant with aspects of the Noosa Plan, specifically
items required by the Cooroibah Locality Plan, Infrastructure Uses Code and in the Desired
Environmental Outcomes and in this regard should not be approved.
2 Visual Impact
As identified above the tower is considered to have a visual impact on the adjoining area
where it is currently proposed to be located. Whilst it is noted that visual images have been
provided as part of a response to an information request from Noosa Council, it is considered
that the visual impact of the tower has not been clearly outlined. The images below provide
an indication of the surrounding landscape and the potential visual impact of the proposed
development.
View from the road frontage
looking north-west towards 26
Jirrima Crescent
View from the road frontage
looking west towards 26 Jirrima
Crescent
Page 8
View from the road frontage of
26 Jirrima Crescent
3 Degradation of amenity and value
The proposed development will degrade the value and amenity of the adjoining area. Part 5
of the Noosa Plan provides a character statement of the Cooroibah Locality which includes
the following:
- The rural settlement communities of the Cooroibah Locality … feature tranquil, bushland
settings
- The rural settlement communities appreciate the benefits of large lot living, where rural
vistas, privacy and open space are key features of the lifestyle
- Residents enjoy a rural lifestyle of low-density large acreage living. Privacy and open
space are key features of the lifestyle.
- Residents recognise that the lack of commercial development assists the rural character
of the locality.
The installation and operation of a telecommunications tower does not adhere to the lifestyle
and amenity afforded by the Cooroibah Locality as defined in the Noosa Plan. In this regard
the proposed development should not be approved.
As outlined above the proposed development does not comply with aspects of the Noosa
Plan and is not a consistent use for the Rural Settlement Zone in the Cooroibah Locality.
The tower, and the potential for additional infrastructure to be installed on the monopole, is
visually intrusive and will degrade the value and amenity of the surrounding area. In this
regard it is requested that the development application is not approved.
Yours sincerely
Madeleine Page