Council Report MCU21 0151

mcu21/0151 – application for material change of use – telecommunications facility SITUATED at 25 railway pde, pomona

Document information

Author	Development Planner, Lisa Pienaar
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU21/0151

Attachments	1. 	Proposal Plans

APPLICATION DETAILS
Applicant	Telstra Corporation Limited
Proposal	Material Change of Use - Telecommunications facility
Properly Made Date	24 September 2021
Information Request Date	5 October 2021
Information Response Date	24 December 2021
Decision Due Date	6 May 2022
Number of Submissions	1

PROPERTY DETAILS
Property Address	25 Railway Pde Pomona Qld 4568
RP Description	Lot 1 RP 147703
Land Area	2537 m²
Existing Use of Land	Telecommunications facility with exchange building

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not applicable
Local Plan Area	Pomona
Overlays	Bushfire (Potential impact)
Assessment Type	Impact
executive summary
The proposal is for a Telecommunications Facility, which comprises a satellite dish and associated ancillary items to be co located on a site with an existing exchange building currently used for the Telstra network.  The proposed satellite dish is to be located at the south western corner of the site at a maximum height of 2.35 metres.
The proposal is before Council, as the proposed use is an inconsistent use in the Low Density Residential Zone under the Noosa Plan.
The proposed use is minor in nature and co-located with existing infrastructure and can be conditioned to comply with the amenity and character elements in the Noosa Plan. The proposal is recommended for approval.
RECOMMENDATION
That Council note the report by the Development Planner to the General Committee Meeting dated 16 May 2022 regarding Application No. MCU21/0151 for a Development Permit for Material Change of Use - Telecommunications Facility situated at 25 Railway Pde Pomona and:
A.	Approve the application in accordance with the following conditions:
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed 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.	Sheet No.	Plan/Document Name	Date
QC100259	S0	Site specific notes, prepared by Telstra	18.06.2021
QC100259	S1	Site Layout and Access, prepared by Telstra	18.06.2021
QC100259	S1-1	Site Layout, prepared by Telstra	18.06.2021
QC100259	S1-2	Site Setout Plan – Option 1, prepared by Telstra	18.06.2021
QC100259	S3	East Elevation, prepared by Telstra	18.06.2021
QC100259	G4	Site Earthing – Option 1, prepared by Telstra	18.06.2021
QC100259	G4-1	Earthing Scenario 3, prepared by Telstra	18.06.2021
QC100259	G4-4	Trench Details, prepared by Telstra	18.06.2021
QC100259	E2	AC Power Connection, prepared by Telstra	18.06.2021
QC100259	T2	Concrete Foundation Details, prepared by Telstra	18.06.2021
QC100259	T2-1	Equipment Platform – H Frame Detail, prepared by Telstra	18.06.2021
QC100259	T8	Compound Fence and Gate Details, prepared by Telstra (as annotated by Council)	18.06.2021
501-PL	A	Landscape Concept Plan, prepared by Urbis	21.12.2021
Nature and Extent of Approved Use
The maximum height of the satellite dish must not exceed the maximum height as reflected in the approved plans with respect with the finished ground level and the natural ground level.
No lights are permitted to be attached to the telecommunications facility, except where required for hazard lighting purposes or similar.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 19 May 2028, unless an application to extend the currency period is approved by Council.
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 the structure;
full power usage;
a maximum down tilt of antennae.
Colours and Finishes
The development must be finished in pale eucalypt or the like in order to visually blend into the landscape.
Associated fencing (and gate) as shown on the approved plans must be visually unobtrusive and must be camouflaged through the use of colours, materials and screening vegetation to blend the fence into the visual landscape.
Site maintenance
The site must be kept tidy and well maintained at all times for the life of the development.
Cessation of Use
The facility must be removed from the site upon cessation of the use.
Noise
Written certification is required from a suitably qualified person confirming that sound pressure levels from all mechanical plant and equipment comply with the following:
Air-conditioning and equipment
7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable = background + 3dB(A)
The certification must be submitted to Council, which certifies that operational noise from any fixed plant and equipment complies with the requirements of this Decision Notice.
Vegetation Retention
Existing trees on the site must be retained, except where required to be removed to accommodate the approved use.
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Landscaping Works
The development site must be landscaped generally in accordance with the approved plans and include additional landscaping to enhance the amenity of the site.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan and Planning Scheme Policy PSP2 - Landscaping for the Pomona area and must include in particular:
the works shown on the approved Landscape Concept Plan, and in addition include the following:
1 x 45L pot size street tree per 8m of road frontage (minimum 7 trees); and
Screen planting (minimum 20L pot size) along all boundaries planted at maximum 3 metre centres with a maximum 3 metre height at maturity.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
The site must be regularly maintained at all times with all landscape works maintained generally in accordance with the approved design for the life of the development.
Damage to infrastructure
Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
C.	Advise the applicant to remove the demountable building (the former exchange building) or obtain building approval within 90 days of the date of this approval.
D.	Find the following matters relevant to the assessment and sufficient reason to approve the application:
1.	The proposal is minor in nature and is co-located within a site with existing telecommunication facilities.
2.	The proposal can be conditioned to comply with the amenity and character elements sought by the Overall Outcomes in the Noosa Plan 2020.

REPORT
PROPOSAL
The proposal is for a satellite dish and associated ancillary items to be co located on a site with an existing exchange building currently used for the Telstra network. Ancillary items include the installation of a moon foot platform with associated cabinet with an external aircon unit, cabling and fibre run, and a small fenced compound measuring 7620mm x 3660mm at a height of 1800mm. The proposed satellite dish is to be located at the south-western corner of the site at a maximum height of 2.35 metres. This area of the site will be fenced. Refer to Figure 1 & 2 for the locality and site view and Figures 3, 4 & 5 for proposal plans.

Figure 1 – Locality

Figure 2- Street View

Figure 3 – Site Plan

Figure 4 – Plan view

Figure 5 – Elevations
site details
Background
The site is currently used as a telecommunication facility and has been operational since before 1990. The facility has existing use rights to operate as such.
Council’s records indicate that building approval was obtained on 19 February 1991 for the existing exchange building. The site plan provided with that application was annotated identifying the demountable building was the former exchange building and would be removed once the new exchange building was constructed. Refer Figure 6 – site plan for exchange building. This structure was never removed. It is also noted that no building approval for this structure can be found through Council’s Building Department.

Figure 6 – site plan for exchange building
It is therefore recommended that the applicant be advised to remove the demountable building or obtain the relevant building approvals within 90 days of the date of the approval.
With regard to application timeframes, decision was due 6 May and the applicant was asked if they would agree to extend the decision-making timeframes until 19 May to allow the application to be considered by Council. At the time of finalising the report, Council officers had not received a response to this request.
Site Description
The site is relatively flat and is a corner allotment with an extensive frontage to Railway Parade. An existing exchange building is located at the south eastern corner, which has emergency generator and equipment rooms, lunchroom and amenities. An unloading area and parking area is adjacent to and near the exchange building. A demountable building, which was the former exchange building, is located towards the middle of the site and near the western boundary.
The site is turfed, but has minimal existing vegetation with the exception of the mature vegetation in the south eastern corner of the site. Two rural driveways access the site from the east and the north.
Surrounding Land Uses
The site is situated within an existing and established residential area situated north of the Pomona township. The North Coast Railway line is located to the west of the site and dwellings adjoin the site to the south and west.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
Noosa Plan 2020.
State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against the whole of Noosa Plan 2020 to the extent the provisions are relevant to the development. The following codes are particularly relevant:
Density Zone Code;
Hinterland Villages Local Plan Code;
Infrastructure Utilities Code; and
Works Codes.
Locality Provisions
The subject site is located in Pomona and is zoned Low Density Residential. The proposed use is identified as an inconsistent use with the zone and is required to follow an impact assessable application process.
The proposal does not provide for housing in a zone intended to provide for housing, but is recognised as being minor in nature on a site currently being used as a telecommunications facility. The pertinent issues arising out of the assessment are discussed below.
Proposed use
The applicant’s consultant advised there are approximately 100 of these types of sites being rolled out across the country, with a standard design needed. Each site does require a slightly different angle to catch the signal from the satellite in the sky. The angle that the dish is pointed at can change the height slightly and 2.5 metres was provided in our standard drawings to cater for all sites and to include the maximum height. The settled angle for this particular site/facility creates a maximum height of 2.35m. The new facility will be fenced off.
The key Overall outcomes (2) of the Low Density Residential zone code that relate to this development are as follows:
Low density residential neighbourhoods are home to permanent residents with minimal impact of visitors.
The character of low density residential neighbourhoods varies due to factors such as proximity to centres, topography, lot sizes, the established vegetated character, the age of development and open space provision.
The distinct look and feel of existing residential neighbourhoods is retained, and development makes a positive contribution to the streetscape, maintaining the low density and low scale character.
Predominantly detached housing on a range of lot sizes meet the needs of different households.
The key Overall outcomes of the Hinterland Villages Local Plan code that relate to this development are as follows:
Development within each village is consistent with the identified character and of that particular community.
d) 	Development is sited and designed to protect ecologically important areas and retain landscape and built form elements, including significant views and vistas that contribute to the setting, character, identity, sense of place and connections to the past. Valued elements include… Mt Cooroora…
e)	Development retains and enhances:
the small scale rural or lakeside character and built form elements;
the inherent agricultural, cultural, heritage and natural environmental values; and
surrounding landscapes and scenic amenity.
The intent of the Low Density Residential zone is to provide for low density housing. The existing and proposed use does not provide for housing and thus cannot comply with Overall outcomes (2) a) and d). The site is a recognised telecommunications facility and has been used as such for over 40 years. The proposal is to locate additional infrastructure to the site and is minor in nature.  Appropriate conditions to ensure compliance with other relevant Overall outcomes in the Low Density Residential zone and Hinterland Villages Local Plan codes is discussed in more detail below.
The key overall outcomes of the Infrastructure Activities code that relate to this development are as follows.
Infrastructure activities are visually integrated with their natural, rural or urban setting and do not adversely affect the amenity of the major road network, surrounding sensitive land uses or the rural or residential amenity enjoyed by residents and visitors to Noosa.
Infrastructure activities do not adversely impact upon community wellbeing and does not pose a threat to public health and safety.
Where practicable, infrastructure activities are integrated and co-located with other compatible uses and facilities.
The design of infrastructure activities incorporates convenient and safe access to the facility.
The proposed satellite dish and housing is to be integrated into a site that is a recognised communications facility and is considered to not adversely impact upon community wellbeing and is appropriately designed and therefore complies with Overall outcome (2) c) & d) of the Infrastructure Activities Code.
Two rural driveways access the site from the east and the north. It is understood both access points are required to accommodate some heavy vehicles that can safely exit the site in a safe manner, which complies with Overall outcome e) of the Infrastructure Activities Code.
The applicant provided a landscaping concept plan that provides screening to the proposed infrastructure and some to the existing exchange building. Refer to Figure 7 – Landscaping Concept Plan.

Figure 7 – Landscaping Concept Plan
The entire site and existing infrastructure is highly visible from the street, and overall the site presents as a utility site situated in a residential area, and is considered to make little contribution to the character of the area. Therefore, in order to meet the character and amenity elements in the Overall outcomes of the relevant codes, enhance the green back drop to Mt Cooroora, and improve the aesthetics to the street and adjoining property, it is recommended that additional planting and street trees be conditioned to screen the infrastructure from the street and surrounding property.
The proposed infrastructure meets the setback requirements under the Infrastructure Activities Code and the recommended landscaping will meet the amenity and character requirements under the relevant Codes in Noosa Plan.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
Public Notification
The application was publicly notified for fifteen (15) business days in accordance with the Planning Act 2016. One properly made submission was received. The following table provides a summary and assessment of the issues raised by the submitter.
Matters Raised	Comments
No objection to the proposal. Request that the site be maintained, as the block is often unkempt. The existing structures on site should be refurbished to improve aesthetics. The whole site should be landscaped.	The 2 buildings on site are older and not particularly aesthetically pleasing.  However, the proposal is for a new satellite dish with no changes proposed to the existing buildings.  Therefore, it does not seem reasonable to require an upgrade to the existing buildings. Extensive landscaping is recommended for the entire site, which will screen all structures from the street and adjoining property, which will greatly improve site aesthetics.
conclusion & REASONS FOR DECISION
Although the proposal is not consistent within the Low Density Residential zone, the proposal is minor in nature and is co-located within a site that is a recognised telecommunication facility.  It is recommended the site be extensively landscaped, which will improve the site’s amenity considerably.
The proposal is recommended for approval, including reasonable and relevant conditions to ensure compliance with the amenity and character provisions in the Noosa Plan 2020.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Support		Director		Director
			Community Development		Financial Services
			Community Facilities		Fleet
			Libraries & Galleries		ICT
			Local Laws		Procurement
			Waste & Environmental Health		Property
					Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Director	x	Director		Director
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery

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GENERAL COMMITTEE MEETING REPORT	16 MAY 2022

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