2020-05-18 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                      18 MAY 2020


           4.2   The scale and form of the structure is not integrated into the landform and
                 landscape contrary to Version Overall Outcome 8.7.2 k)iii;
           4.3   The siting of the proposed structure does not protect significant views to Mt
                 Cooroora, Mt Cooran and Mt Pinbarren contrary to Overall Outcome 8.7.2 v)
                 and Specific Outcome O2;
           4.4   The scenic values and rural amenity of the locality are adversely impacted
                 contrary to Overall Outcome 8.7.2 mm)ii;
     5.    The proposal is inconsistent with the Infrastructure Uses Code because it,
           5.1. Detracts from the rural and residential visual amenity enjoyed by residents and
                visitors to the area and does not satisfactorily visually integrate with the
                landscape contrary to Overall Outcome 14.37.2 b) and Table 1 of Planning
                Scheme Policy 23; and
           5.2. Fails to co-locate with the nearby existing telecommunications facility contrary
                to Overall Outcome 14.37.2 c).
     6.    The proposed tower, if approved, would be afforded immunity under the
           Telecommunications Act 1997 enabling further extension of up to 5 metres without
           further reference to Council which, if implemented, would further exacerbate the
           adverse visual and rural amenity impacts;
     7.    The visual impact of the proposal on a number of premises in the area, which have
           direct line of sight in their viewshed, is considered significant and unacceptable for
           those residents.
     8.    The applicant’s visual impact assessment fails to satisfactorily assess the degree and
           extent of visual impacts resulting from the proposed development and it is considered
           impacts are likely to be greater than has been currently identified.
B.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Ordinary Meeting Minutes, 30 April 2020, Item 4, Page 8
That Council note the report by the Development Planner to the Ordinary Meeting dated 30 April
2020 regarding Planning & Environment Court Appeal No. BD897 of 2020 and defer
consideration of the matter to the May round of meetings to allow Councillors to obtain further
information.

Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. If the matter
proceeds to trial Council is likely to require experts in planning and visual analysis and cost
approximately $180,000.


Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes, Solicitor




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