PLANNING & SUSTAINABILITY COMMITTEE 7€¦ · Overall Site Plan 4GNV-51-03-GRE-E-C2 Rev 01 02/08/2012 Site Set Out Plan 4GNV-51-03-GRE-E-C3 Rev 01 02/08/2012 Site Elevation and Details

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Agenda – Planning & Sustainability Committee 14 November 2012 - #3749628

PLANNING & SUSTAINABILITY COMMITTEE

14 NOVEMBER 2012 7

MATERIAL CHANGE OF USE (CODE ASSESSMENT) TELECOMMUNICATIONS FACILITY – 3L REDBANK ROAD PACKERS CAMP – DIVISION 1 Gerard Rosse : 8/7/2563 SEDA : #3776031 PROPOSAL: TELECOMMUNICATIONS FACILITY APPLICANT: NBN CO C/- AURECON LOCKED BAG 331 BRISBANE QLD 4001 LOCATION: 3L REDBANK ROAD PACKERS CAMP PROPERTY: LOT 3 ON SP219080 PLANNING DISTRICT: RURAL LANDS PLANNING AREA: RURAL 1 PLANNING SCHEME: CAIRNSPLAN 2009 REFERRAL AGENCIES: NA NUMBER OF SUBMITTERS: NA STATUTORY ASSESSMENT DEADLINE: 12 NOVEMBER 2012 APPLICATION DATE: 14/08/2012 DIVISION: 1 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. ENVIRONEMTNAL EME REPORT 3. APPLICANT CONSULTATION REPORT

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LOCALITY PLAN

RECOMMENDATION: That Council approves the above application, for Material Change Of Use (Code Assessment) Telecommunications Facility over land described as Lot 3 on SP219080 located at 3L Redbank Road Packers Camp subject to the following: APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Drawing or Document Reference Date Overall Site Plan 4GNV-51-03-GRE-E-C2 Rev 01 02/08/2012 Site Set Out Plan 4GNV-51-03-GRE-E-C3 Rev 01 02/08/2012 Site Elevation and Details 4GNV-51-03-GRE-E-C4 Rev 01 02/08/2012 ASSESSMENT MANAGER CONDITIONS 1. Carry out the approved development generally in accordance with the

approved drawing(s) and/or document(s), and in accordance with:

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a. The specifications, facts and circumstances as set out in the application submitted to Council; and

b. The following conditions of approval and the requirements of Council’s

Planning Scheme and the FNQROC Development Manual. Except where modified by these conditions of approval Timing of Effect 2. The conditions of the Development Permit must be effected prior to

Commencement of Use, except where specified otherwise in these conditions of approval.

Colours 3. The exterior finishes and colours of the facility must be non-reflective and

must blend with the natural colours of the surrounding environment. The exterior finishes and colours of the facility must be maintained in suitable conditions for the life of the structure.

Fencing and Signage 4. Construct fencing for the perimeter of the facility with a minimum 1.8m high

mesh security fence painted the same or similar colour as the facility. The facility is to be signed with appropriate hazard and warning signs.

Damage to Council Infrastructure 5. In the event that any part of Council’s existing sewer / water or road

infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to; mobilisation of heavy construction equipment, stripping and grubbing, the applicant/owner must notify Cairns Regional Council immediately of the affected infrastructure and have it repaired or replaced at the developer’s cost, prior to the Commencement of Use.

Lawful Point of Discharge 6. All stormwater from the property must be directed to a lawful point of

discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

FURTHER ADVICE 1. This approval, granted under the provisions of the Sustainable Planning Act

2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 339 of the Sustainable Planning Act 2009.

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2. All building site managers must take all action necessary to ensure building materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

3. This approval does not negate the requirement for compliance with all other

relevant Local Laws and other statutory requirements. 4. For information relating to the Sustainable Planning Act 2009 log on to

www.dsdip.qld.gov.au. To access FNQROC Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

LAND USE DEFINITIONS In accordance with CairnsPlan the approved land use of Telecommunications Facilities means: The use of premises for the provision of telecommunication services.

The use excludes low impact telecommunications facilities as defined by the Telecommunications (Low Impact Facilities Determination) 1997 under the Telecommunications Act.

*This definition is provided for convenience only. This Development Permit is limited to the specifications, facts and circumstances as set out in the application submitted to Council and is subject to the abovementioned conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual. EXECUTIVE SUMMARY: Approval is sought for the use and development of a Telecommunications Facility, comprising of a 35 metre monopole and two (2) x outdoor cabinets at a site located at 3L Redbank Road, Packers Camp. Although the application did not trigger formal public notification being Code Assessable, the applicant did undertake informal consultation which resulted in two (2) submissions being received by the applicant. Officers consider the applicant has adequately responded to concerns raised in the submissions. Detail of the submissions is outlined further below and in the attached Applicant Consultation Report (Appendix 3). Overall, the submitted application has adequately demonstrated the proposal’s ability to meet the requirements of the relevant codes of CairnsPlan and approval is recommended subject to conditions.

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PLANNING CONSIDERATIONS: Background This report was previously tabled at the Ordinary Meeting of 31 October 2012 and it was resolved to be deferred to this meeting. The subject site is located at 3L Redbank Road, Packers Camp. The site is legally described as Lot 3 on SP219080, has an approximate area of 45ha and is contained within the Rural 1 Planning Area under the Cairns Plan 2009. The subject site borders Redbank Road on the eastern lot boundary and has an un-built gazetted road and sugar cane railway on the southern lot boundary. A waterway (Mackey’s Creek) exists on the western lot boundary. The site also accommodates two electricity easements (Easement HX on SP203908 and Easement A on RP716453) in which existing electrical stanchions are located. The location of the proposed facility comprises a 10m x 10m lease area adjacent to the southern lot boundary. The immediate surrounds of the site predominantly consists of large agricultural allotments typically used for sugar cane crops, nearby electricity stanchions and associated dwellings with the closest being approximately 125m to the south east of the site. (There is a total of seven residential dwellings within a 550m radius of the facility). Proposal Approval is sought for the use and development of a Telecommunications Facility, comprising of a 35 metre monopole and two (2) x outdoor cabinets (one proposed and one future with 0.65m² base areas). The outdoor cabinets will be located on a proposed elevated steel grillage located at the base of the facility which measures approximately 100m² in area. The proposed monopole will feature a circular head frame accommodating three (3) x panel antennas (1.18m long) mounted at a centreline elevation of 35 metres and three (3) x remote radio units (0.5m long) positioned below the antennas. One (1) parabolic dish antenna (0.6m long) will also be installed at approximately 35 metres on the monopole. The compound will be accessed via the existing unsealed gazetted road aligning the southern property boundary (approximately 250m long), which requires a short extension (approximately 25m) to the NBN compound. A new sealed access track is not proposed as it would compromise the existing agricultural capabilities of the site. Additionally there is also a large cleared area surrounding the facility which will allow for parking of vehicles visiting the site for service purposes. Once operational, the facility will require annual maintenance visits, but will remain unattended at all other times. As the facility generates minimal trips per year, it is considered that traffic interference will be negligible.

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CairnsPlan Assessment

CairnsPlan Rural Lands Planning District

Code Applicability Compliance

Planning Area Rural 1 (See Comments)

Land Use Telecommunications Facility (See Comments)

Overlays Vegetation Conservation & Waterway Significance Potential or Actual Acid Sulfate Soil Material Possible Public Transport Corridors Overlay

Genera Excavation and Filling Code Infrastructure Works Code Landscaping Code

Compliance Issues Rural Planning Area Code The proposed Telecommunications Facility would be taller than the maximum height for buildings suggested in the Acceptable Measures of the Rural Planning Area Code. However, the proposed facility (35m monopole) would be defined as a structure under the CairnsPlan 2009, and as such height requirements and acceptable measure that apply to “buildings” are not applicable to the proposal. Despite the above, it is considered that the proposed facility would not adversely affect visual amenity as it would be located in a modified rural locality containing infrastructure such as nearby power lines and electricity stations. Along with the closet dwelling being approximately 125m to the south of the site and. Acceptable Measures A3.1 of the Rural Planning Area Code identifies that buildings are to be setback back not less than: a) 40 metres from the frontage to a State Controlled Road; b) 10 metres from the frontage to a Rural Major Road; c) 6 metres from the frontage to any other road;

d) 6 metres from the side and rear boundaries of the site. With respect to the above, the proposed facility (35m monopole) would be defined as a structure under the Cairns Plan 2009 and as per the Height requirements the acceptable measure that apply to “buildings” are not applicable to the proposal. Notwithstanding this, the proposed facility is setback approximately 250m from the closest frontage to Redbank Road a Rural Major Road. The facility will be setback approximately 3m from the frontage to the unmade gazetted road (southern lot boundary) but this is considered acceptable as a larger setback would interfere with the agricultural capabilities and existing use for sugar cane cropping on site. The proposed facility will be setback approximately 700m from the rear boundary (northern lot boundary) and over 300m from the closest point on the side boundary (western lot boundary).

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It is noted and accepted that the proposed facility has been located on the periphery of the site in the south western corner of the lot in order to minimise interference with the existing agricultural land capabilities of the site and maintain the rural character of the area. The facility does achieve an appropriate separation distance from neighbouring buildings as it is located over 125m north from the closest residential dwelling. It is considered that the proposal is in accordance with the Performance Criteria 4 of the Code which requires rural activities to be protected from the intrusion of incompatible uses. The site is currently used for primary production in the form of a cane farm and it is considered that the proposed Telecommunications Facility compound is not of a sufficient size (100m²) to significantly impact upon the production capacity of this farm. Furthermore, a Telecommunications Facility is a Code Assessable use in the Rural 1 Planning Area and is therefore not generally considered to be an inconsistent use. Based on the above and given the nature of the facility the proposal is considered acceptable in this case. Telecommunications Facility Code The purpose of the Telecommunications Facilities Code is to facilitate the provision of telecommunication services while minimising detrimental visual, environmental and community safety impacts. The performance criteria and acceptable measures of the code are written towards achieving co-location or undergrounding of telecommunications facilities to minimise their visual impact on the landscape. Given the requirements for the facility and height required, undergrounding of the infrastructure could not be achieved. Furthermore, the closest Telecommunication Facility is located over 2km south east from the proposed site and was not feasible as a co-location option due to the existing facility being at capacity. With regards to A2.1 which identifies that the height of any Telecommunications Facility does not protrude more than 1 metre above the level of the existing tree canopy or ridgelines or the building, the proposed Telecommunications Facility does not comply. The proposed structure will extend more than 10m above the existing tree canopy and will not be consistent with A2.1.The proposed facility does however comply with the Performance Criteria P2 which identifies that Telecommunications Facilities must be sited and designed such that they are visually integrated, as much as possible, with the landscape or townscape so as not to be visually obtrusive, as the proposed facility is: ○ Located in an area that is not void of manmade structures and the amenity is

characterised by highly modified rural area used for intensive agriculture cropping land where telecommunication facilities are now considered as an accepted part of the landscape and necessary infrastructure.

○ In a location where the tower will not obstruct any significant views or landmarks in the community or wider vicinity of the area;

○ Designed to have a slim line appearance to enable the facility to visually integrate with existing mature vegetation in the area and rural backdrop.

○ The facility will be colour matched to the area which will effectively blend with the landscape of the area. Conditions have been included to ensure compliance.

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Based on the above and given the nature of the facility the proposal is likely to have a minimal impact on the landscape and is considered acceptable in this case. With reference to Community Safety A3.1 of the code identifies that the emission of light, vibration, smell or radiation beyond the site meet the State and National standards including AS2772.1 Radio Frequency Radiation – Maximum Exposure Levels. The applicant has indicated that the telecommunications facility will be operated in compliance with the ACMA mandatory standard, for human exposure to EME – currently the Radio-communications (Electromagnetic Radiation – Human Exposure) Standard 2003. The EME Report attached in Appendix 2 demonstrates the maximum cumulative EME will be 0.015% of the ACMA mandated exposure limit. Based on this, no concerns are raised in relation to community safety. Applicant Initiated Public Notification Although the application did not trigger formal public notification, the applicant did undertake informal consultation which included letterbox drops, a notice placed in the newspaper and the applicant was open to receiving and responding to public submissions. A copy of the applicant’s consultation report is attached in Appendix 3. As an outcome of consultation for the proposal, two (2) submissions were received by the applicant. Of the two submissions, one submission was based on general questions in regards to the property owner’s ability to connect to the proposed Broadband network. The second submission was an objection to the tower being installed at this particular location. The objection identified that proposed tower was close to the existing dwelling along with concerns raised that high voltage power lines already exist in this locality, that the proposed tower will de-value the property and give rise to health risks associated with the structure. In response to this the applicant noted that a number of candidate sites were examined within the search area and each site’s ability to meet the coverage objectives was investigated and outlined in the submitted application. Following the assessment of the available candidates, the proposed location on Lot 3 on SP219080, Redbank Road, Packers Camp, was determined to be the most feasible. The applicant noted that the proposed site was determined to be the most feasible option because: ○ The proposed site is appropriately located within an existing highly modified rural

area on a site that contains electricity lines and is used for intensive agricultural cropping land;

○ The proposed location provides an adequate separation distance from

environmentally and community sensitive land uses (only seven residential dwellings within a 550m radius of the facility);

○ The proposed facility is located a sufficient buffer distance from environmentally

sensitive locations and no vegetation removal will be required; ○ The location is separated from the main township and residential areas and

provides line of sight to other planned sites in the wider network; and

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○ Existing mature vegetation aligning the western property boundary and location setback over 250m from Redbank Road will effectively mitigate the visual obtrusiveness of the facility;

With regards to the submitters’ suggestion to relocate the facility ‘further along the road easement or towards near the high voltage lines across the creek, or further into the cane paddock away from our property’, the applicant has advised of the following: ○ The location on the subject site further north into the cane paddock (away from the

closest dwelling approximately 120m from the proposed structure) was not considered a feasible location as the suggested location (north of the existing location) would require a new access track and a new overhead power run which would ultimately affect the agricultural capabilities and sugar cane cropping operations of the site.

○ The location on the subject site further west along the road easement and towards

the high voltage power lines was not considered during the scoping stage, as a separation distance is required to be maintained outside of the high voltage power lines/electricity easement and there are concerns with possible interference with the high voltage power lines. Additionally the applicant is legally required to maintain 24 hour access to the proposed facility; however access to the alternative site is subject to moderate and high risk of flooding. Therefore the proposed site does not present a feasible option to maintain safe access to the site at all times.

○ The difference in the EME levels at the closest residential dwelling would be

minimal if the proposed facility was moved a further 400m to the north or west. For example the EME report states that at a distance of 0-50m from the antennas the maximum exposure level is 0.0033% and between 400-500m from the antennas the maximum exposure level is 0.013%.

With regards to the impacts on land valuations the applicant has responded adequately to alleviate these concerns. With regard to EME emission and public safety this is addressed as part of the telecommunication land use code which identifies that the telecommunications facility will be operated in compliance with the ACMA mandatory standard, for human exposure to EME – currently the Radio-communications (Electromagnetic Radiation – Human Exposure) Standard 2003. The EME Report attached in Appendix 2 demonstrates the maximum cumulative EME will be 0.015% of the ACMA mandated exposure limit. It is also noted that the safety standards does not impose any distance-based restrictions, but rather the public is protected by limiting the strength of the radio signal that may be transmitted. The proposed radio signal strength is thousands of times below what is considered safe. In addition to the assessment required by the Federal Department of Health, the applicant undertook an analysis of the maximum signal strength at several surrounding properties (including the closest residential dwelling – nominated as Residential Dwelling 1 due to privacy reasons) that shows that the maximum signal strengths up to 3m above ground at the closest residential dwelling (Residential Dwelling 1) would be 0.0011% or 90,900 times below the safety standard.

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As such, the proposed facility would operate safely at signal strengths significantly below national and international safety limits and would not pose a health risk to the surrounding community. HEADWORKS / CONTRIBUTIONS: The proposed development does not trigger Developer’s Headwork’s Contributions. Gerard Rosse Planning Officer Action Officer Kelly Reaston Acting General Manager, Planning & Environment

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Documents

PLANNING & SUSTAINABILITY COMMITTEE 7€¦ · Overall Site Plan 4GNV-51-03-GRE-E-C2 Rev 01 02/08/2012 Site Set Out Plan 4GNV-51-03-GRE-E-C3 Rev 01 02/08/2012 Site Elevation and Details