Report - Representations Made

DELEGATED REPORT
PLANNING ASSESSMENT BRANCH

REQUEST FOR NEGOTIATED DECISION NOTICE

Application no:	MCU15/0061
	
Author:	Jack Lewis

APPLICATION DETAILS
Application Number:	MCU15/0061
Applicant:	NBN Co
Representations Received Date:	3 November 2015
Original Approval Type:	Development Permit for Material Change of Use - Service & Utility Type 3 Tower
Number of Submissions for Original Application:	1 Properly Made Submission

PROPERTY DETAILS
Property Address:	Davis Rd COOTHARABA  QLD  4565
RP Description:	Adjoining Lot 500 CP 885200 (road reserve/provisional Lot 1 on SP277246
Land Area:	300m2
Existing Use of Land:	Vacant

STATUTORY DETAILS
SEQRP Designation:	Regional Landscape and Rural Production
Planning Scheme:	The Noosa Plan (16 September 2013)
Planning Locality:	Boreen Point, Kin Kin & Cootharaba Rural
Planning Zone:	
Assessment Type:	Impact

BACKGROUND:

A Development Permit for Material Change of Use - Service & Utility Type 3 Tower was issued on 22 October 2015. At the time the application was publicly notified and one properly made submission was received.  The submitters were primarily concerned with the potential radiation from the tower.
The applicant suspended the appeal period and made representations on the 3 November 2015 to the development approval conditions.  The representations are detailed below but primarily relate to vegetation clearing.

ASSESSMENT:

An assessment in relation to each of the submitted representations is provided below.

Condition 7 – Vegetation Clearing

Existing vegetation within the lease area located outside of the 100m2 compound and driveway access area shall be maintained and allowed to grow to full form.
Applicant’s Representation

As stated on the approved Site Setout Plan (4GYM-51-25-DAVD-C3 Rev 6), a total of 270 m² of
vegetation will be required to be removed in order to construct the 40 m monopole. The reasons for this are as follows:
The existing aerial electrical lines situated approximately 5 m to the north of the proposed compound area, inhibit the ability to lift the whole 40 m long monopole into place with one crane. Please note, installing a monopole with one crane can only be undertaken when there is at least a 400 m² cleared area located beside the nbn compound area that will allow uninhibited manoeuvring.
As such the facility will need to be built in approximately 4 x 11 m long sections and secured in place at the same time by three vehicles (Franna, 60 tonne Crane and truck mounted 45 m Cherry Picker) (refer to attached construction setout plan and photo).
The elected method illustrated in the attached construction set out plan and photo (which involves 270 m² of vegetation clearing) does not require undue safety risk to be carried out by the construction crew.

We therefore request council remove Condition 7 as the proposed telecommunications facility cannot be built without the removal of 270 m² of vegetation.

Assessment of Representation
It is noted that officers missed the annotation on the approved site plan that sought to clear 270m2 of vegetation associated with the construction of the monopole. There are substantial vegetation buffers between the neighbouring properties for visual screening and the proposed tower and Council’s ecologist agrees with the applicant’s request, subject to the following conditions being applied to facilitate the proposed change:

Amend condition 7 to read:

Cleared vegetation must be mulched and placed on the site (clear of the driveway and compound) at a minimum depth of 150mm immediately after the works are completed.

RECOMMENDATION

AGREE to the representations submitted in relation to Application No. MCU15/0061, situated at Davis Rd COOTHARABA  QLD  4565 , and issue a Negotiated Decision Notice in accordance with the following:-

A.	Change the approval description/type to a Negotiated Decision Notice

B.	Approve a change to conditions 7 to read as follows:-

It is recommended that Condition 7 be amended as shown below.

Condition 7 – Vegetation Clearing

7.	Cleared vegetation must be mulched and placed on the site (clear of the driveway and compound) at a minimum depth of 150mm immediately after the works are completed.

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