Boreen Point IRR_MCU13-0053

facility on the neighbours at 81 Lake Flat Road without increasing any visual impacts on the
neighbours at 63 Lake Flat Road.

SUMMARY OF THE PROPOSED CHANGES

This application requests to modify the siting of the proposed telecommunications facility at 153 Lake
Flat Road, Boreen Point. It is requested that the previous proposed drawings submitted to Council be
dismissed and the attached drawings be assessed.

The proposed telecommunications facility was originally proposed to be located in the south eastern
corner of the property and approximately 225 m from the closest residential dwelling at 81 Lake Flat
Road. NBN Co wishes to relocate the proposed facility approximately 200 m north of the original
location and approximately 335 m from the residential dwelling at 81 Lake Flat Road. Please refer to
Attachment A - Revised Drawings (Rev 4). We note that the height of the proposed facility does not
change and that the access is still proposed off Lake Flat Road.

Please note that with the proposed redesign, the EME estimations have altered slightly. Please find
attached in Attachment B – Revised ARPANSA EME Report. The maximum predicted RF EME
levels for the proposed equipment is 0.06% of the ACMA mandated exposure limit and is more than
1,600 times below the Government standard.

RELEVANT LEGISLATION

This application is made in accordance with Section 350 of the Sustainable Planning Act 2009 (SPA).

350       Meaning of minor change

      (1) A minor change in relation to an application, is any of the following changes to the
          application –

          a. A change that merely corrects a mistake about the name of address of the application or
             owner, or the address or other property details of the land to which the application applies,
             if the assessment manager is satisfied the change would not adversely affect the ability of
             a person to assess the changed application;

          b. A change of applicant, if the assessment manager is satisfied the change would not
             adversely affect the ability of a person to assess the changed application;

          c.   A change that merely corrects a spelling or grammatical error;

          d. A change that –

               i.      Does not result in a substantially different development; and

               ii.     Does not require the application to be referred to any additional referral agencies;
                       and

               iii.    Does not change the type of development approval sought; and

               iv.     Does not require impact assessment for any part of the changed application, if the
                       original application did not involve impact assessment.

      (2) In deciding whether a change is a minor change under subsection (1)(d), the planning
          instruments or law in force at the time the change was made apply (the applicable law).

      (3) Application of the applicable law does not stop a change mentioned in subsection (1)(d)(ii) or
          (iv) from being a minor change only because the applicable law, if applied to the application as
          originally made, would require referral to any additional referral agencies or involve impact
          assessment.