Report to the Blacktown Local Planning Panel

Development application

DA number DA-20-01428 Date of lodgement 28 September 2020

Applicant Axicom Pty Ltd

Owner Sydney Water Corporation

Proposed development

Installation of a telecommunication facility to an overall height of 37.5 m including a 35 m high monopole, antennae and dishes, equipment shelter for multiple service carriers, security fencing, tree removal, landscaping and street tree planting.

Street address 130 Cudgegong Road, Rouse Hill

Notification period 4 to 17 December 2020 Number of submissions

16 unique submissions and 8 pro forma letters

Assessment

Panel criteria Section 9.1 Direction, EP&A Act

Public interest - more than 10 submissions received

Relevant section 4.15(1)(a) matters

Environmental Planning and Assessment Act 1979

State Environmental Planning Policy (Infrastructure) 2007

State Environmental Planning Policy (Sydney Region Growth Centres) 2006

Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River

Blacktown City Council Growth Centre Precincts Development Control Plan 2010

Blacktown Local Environmental Plan 2015

Blacktown Development Control Plan 2015

Central City District Plan 2018

Blacktown Local Strategic Planning Statement 2020

Report prepared by Ruth Bennett

Report date 7 October 2021

Recommendation Approve, subject to conditions listed at attachment 8.

Checklist

Summary of section 4.15 matters

Have all recommendations in relation to relevant section 4.15 matters been summarised in the Executive summary of the Assessment report?

Yes

Legislative clauses requiring consent authority satisfaction

Have relevant clauses in all applicable environmental planning instruments, where the consent authority must be satisfied about a particular matter, been listed and relevant recommendations summarised in the Executive Summary of the Assessment report?

Yes

Clause 4.6 Exceptions to development standards Not applicable

Blacktown Local Planning Panel report: DA 20-01428 Page 2 of 11 

If a written request for a contravention to a development standard (clause 4.6 of the LEP) has been received, has it been attached to the Assessment report?

Special Infrastructure Contributions

Does the DA require Special Infrastructure Contributions conditions (section 7.24)? Not applicable

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Contents

1  Executive summary ......................................................................................................... 4 

2  Location ........................................................................................................................... 4 

3  Site description ................................................................................................................ 5 

4  Background ...................................................................................................................... 5 

5  The proposal .................................................................................................................... 5 

6  Assessment against planning controls ............................................................................ 6 

7  Key issues ...................................................................................................................... 6 

8  Issues raised by the public .............................................................................................. 9 

9  External referrals ............................................................................................................. 9 

10  Internal referrals ............................................................................................................. 10 

11  Conclusion ..................................................................................................................... 10 

12  Recommendation ........................................................................................................... 10 

Attachments

1 Location map

2 Aerial image

3 Zoning extract

4 Detailed information about proposal and DA submission material

5 Development application plans

6 Assessment against planning controls

7 Compliance checklist of proposal against the provisions of Part F of Blacktown Development Control Plan 2015 - Telecommunications Facilities

8 Summary of residents' concerns and Council response

9 Draft conditions of consent

Blacktown Local Planning Panel report: DA 20-01428 Page 4 of 11 

1 Executive summary

1.1 The key issues that need to be considered by the Panel in respect of this application are:

concerns raised by residents in response to public notification. We received a total of 24 submissions, however none of the issues raised warrant refusal of the proposal.

the selection of a satisfactory site. An investigation of alternative site locations occurred, including other options within the subject land. However the landowner did not approve an alternative site location. Other sites within Rouse Hill were not suitable. The area at the front of the property best meets the requirements to enable ease of access for maintenance of the monopole, and ensures no mature trees are removed.

the predicted levels of radiofrequency electromagnetic energy are significantly below the maximum allowable safety standard of the Australian Radiation Protection and Nuclear Safety Agency.

the visual impact of the proposal is reduced as it is set behind a landscaped buffer. Tree planting within the road verge of 8 Flindersia australis (crow's ash) and 10 Angophora floribunda (rough-barked apple) trees will reduce the visual impact of the monopole to the immediate vicinity. These trees were conditioned as landscaping to limit visual instrusion, although it is noted that the removal of the 10 medium value trees within the leasehold area is within a biocertified area. Furthermore, the monopole will have a powdercoated finish in pale green ('Pale Eucalypt').

acoustic impacts can be mitigated by conditions to ensure acoustic amenity.

the timing of the decommissioning of the existing tower at 129 Cudgegong Road has been included as a condition so we do not end up with 2 towers operating in this area.

the telecommunications facility is permissible under clauses 113 and 115 of the State Environmental Planning Policy (Infrastructure) 2007, as a result of SEPP (Infrastructure) Amendment (Telecommunications Facilities) 2010 which permits them in any zone.

1.2 Assessment of the application against the relevant planning framework and consideration of matters by our technical departments have not identified any issues of concern that cannot be dealt with by conditions of consent.

1.3 The application is considered to be satisfactory when evaluated against Section 4.15 of the Environmental Planning and Assessment Act 1979.

1.4 This report recommends that the Panel approve the application subject to the recommended conditions listed at attachment 9.

2 Location

2.1 The site is in the suburb of Rouse Hill about 1 km from Tallawong Metro Station and 2 km from the Rouse Hill Town Centre. The location of the site is shown at attachment 1.

2.2 The site is zoned SP2 Infrastructure (Water Reservoir), and is within the Area 20 Precinct of the North West Growth Area under State Environmental Planning Policy (Sydney Region Growth Centres) 2006.

2.3 Adjoining the site to the north is 136 Cudgegong Road, which is rural in character and contains a dwelling and outbuildings with a large amount of vegetation. That site is zoned RU4 Primary Production land under Blacktown Local Environmental Plan 2015.

2.4 To the south-west is RE1 Public Recreation land that contains electricity transmission lines and an associated easement.

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2.5 The site is bordered by R3 Medium Density Residential land to the south and west. A Place of Public Worship has been approved at 122 Cudgegong Road adjoining the site to the south.

2.6 The zoning plan for the site and surrounds is at attachment 3.

3 Site description

3.1 The site is legally identified as Lot 2 in DP 567502, at 130 Cudgegong Road, Rouse Hill.

3.2 Lot 2 is an irregular shape and has a registered area of 15,410 m2. It has a frontage of 72 m to Cudgegong Road.

3.3 The site is largely vegetated with Cumberland Plain Woodland species and is located wholly within a biodiversity certified area.

3.4 The site also contains a water reservoir operated by Sydney Water.

3.5 Vehicular access to the site is available via an existing driveway off Cudgegong Road.

3.6 An aerial image of the site and surrounding area is at attachment 2.

4 Background

4.1 The development application was lodged by Axicom Pty Ltd on 28 September 2020. This followed a pre-application meeting with Council on 23 April 2020.

4.2 The existing telecommunications facility leased by the applicant is located at 129 Cudgegong Road, some 160 m from the proposed site. This facility was approved under DA-12-1260 on 22 May 2013, and has operated since 2014. The DA gave approval for the construction of a (then) replacement telecommunications facility, being 37.5 m in height and comprising of a slim-line monopole, 3 sets of panel antennas, 2 radio communications dishes, and 3 associated equipment shelters.

4.3 Given the future development of 129 Cudgegong Road under the approved Development Consent SPP-18-01547 for multi dwelling housing, the lease for the facility at 129 Cudgegong Road will expire on 31 July 2022.

4.4 The existing tower will remain at 129 Cudgegong Road until its lease expires which will enable sufficient time for the new telecommunications tower to be constructed. In order to ensure that the existing tower at 129 Cudgegong Road is decommissioned at the expiry of its lease or prior, a condition has been imposed that prior to the issue of the Occupation Certificate for the operation of the new tower, the applicant must surrender its DA consent for the telecommunications facility at 129 Cudgegong Road, and provide evidence to Council that the monopole is no longer operational.

5 The proposal

5.1 The applicant seeks development consent for a new telecommunications facility at the front of the subject site. The proposal will encompass:

the installation of a new 35 m high monopole finished in pale green, located 2.7 m from the front site boundary, and the overall total height is 37.5 m

ancillary equipment associated with the operation and safety of the facility, including antennas and dishes, an equipment shelter for multiple service carriers, security fencing with a height of 2.4 m, and underground power infrastructure

new overhead electrical infrastructure is proposed to connect the site to power

tree removal within the leasehold area at the front of the subject site of 10 medium value trees, and protection of the remaining 16 mature trees within the site

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street tree planting and landscaping.

5.2 The facility will be established within a 7.5 m by 19 m leasehold area at the front of the site. The drawings show provision for several mobile carriers, associated equipment, security fencing around the compound, and underground power infrastructure.

5.3 The proposal does not include carrier antennas or equipment, as these details are still to be established as the carriers have not yet confirmed that they are relocating to the site.

5.4 The facility will facilitate the co-location of multiple mobile carriers and other communications providers, including government entities and radio operators.

5.5 The new telecommunications facility is required to be maintained on an ongoing basis to ensure there is continuous access to high quality telecommunications coverage, which is critically important to the local community.

5.6 The proposed telecommunications facility is permissible with consent under Clause 115(1) of State Environmental Planning Policy (Infrastructure) 2007, which permits telecommunications facilities in any zone. There is no development height limit in the SP2 Infrastructure zone.

5.7 Other details about the proposal are at attachment 4, and a copy of the development plans is at attachment 5.

6 Assessment against planning controls

6.1 A full assessment of the development application against relevant planning controls is provided at attachment 6.

7 Key issues

7.1 Site selection is suitable for this proposal

An existing mobile telecommunications tower and base station located approximately 160 m from the subject site will be decommissioned on 31 July 2022.

As a result of increasing demand on the local mobile telecommunications network, providers are keen to secure a replacement location for a tower and base station before the existing facility is decommissioned.

This proposal will ensure that there is ongoing access to high quality telecommunications coverage for both mobile phone and data services in this growing local community.

In the course of preparing the current application, the applicant evaluated a number of locations in the area, including:

rooftop locations, co-locations and other locations in Cudgegong Road

the power substation at 83 Schofields Road

the Metro Stabling Yard at 47 Tallawong Road

land adjoining the Metro corridor

other locations within the Sydney Water site.

The majority of these locations were not suitable for a range of reasons, such as:

the landowners not being interested

the locations being too far south to represent a suitable coverage outcome

the terrain or relative altitude of the location.

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The proposed location towards the front of the land was determined to be the best site for the monopole, given:

it will be setback from the front boundary by 2.7 m

there will be no impact on the 16 mature trees within the rear of the land, which will be protected during construction. The area at the front of the site is highly disturbed but 10 medium value trees will still have to be removed to make way for this facility

the site also has sufficient elevation to ensure continued coverage for mobile phone providers

it will have the least potential impact upon visual and adjoining amenity. The pale green non-reflective finish will ensure that the monopole blends in with its vegetated background.

A condition has been included to require the replacement of trees, including the planting of 18 x 100 litre pot size trees within the road reserve to reduce the visual impacts of the monopole, and tree bonds to be imposed. These trees will include 8 Flindersia australis and 10 Angophora floribunda trees. These trees will have to be planted prior to the issue of the Occupation Certificate for the proposal, and be maintained by the applicant for a 12 month establishment period.

7.2 The electromagnetic energy level is well below the Australian Standard

The applicant is required to demonstrate that the proposed development will not cause a level of electromagnetic radiation beyond that permitted by the relevant Australian Standard or as specified by the Australian Communications Authority.

The applicant has submitted an Environmental Electromagnetic Energy report that provides a summary of levels of radiofrequency electromagnetic energy around the proposed development at the subject site. These levels were calculated using the methodology developed by the Australian Radiation Protection and Nuclear Safety Agency. All electromagnetic energy levels are relative to 1.5 m above ground and all distances from the site (out to 500 m) are in 360 degree circular bands.

The electromagnetic energy report is included at attachment 5. It concludes that the facility meets the safety requirements of the Australian Radiation Protection and Nuclear Safety Agency.

The maximum strength of the electromagnetic field that the facility would produce is 4.2% out of 100% of the public exposure limit, 58 m from the location, which is well within the Australian Radiation Protection and Nuclear Safety Agency mandated exposure limit of 100%.

The operation of the facility is at levels many times below the Australian Standard (which is 100% of the Australian Radiation Protection and Nuclear Safety Agency mandated exposure limit). This will ensure that the maximum safe levels mandated by the Australian Government are always met. The existing monopole at 129 Cudgegong Road operates at a maximum EME level of 4.17% out of the 100% of the public exposure limit, 58 m from the location. The proposed monopole will operate at 4.2% out of 100% of the public exposure limit, 58 m from the location. This is outlined in the updated ARPANSA EME report submitted by the applicant. There is therefore no change in regards to the levels. Therefore the proposed development will not have any adverse impact on public health.

A condition will be imposed on the consent requiring full operational compliance with the 'Radiation protection standard for maximum exposure levels to radiofrequency' fields as mandated by the Australian Radiation Protection and

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Nuclear Safety Agency, to ensure that emission levels are being kept as low as possible.

7.3 The setting and visual impact of the proposal is acceptable

As part of the evaluation process, care was taken to site the monopole near the front of the site to ensure that no mature or significant trees on the site will need to be removed.

The facility will be situated within a 2.4 m high chain link fenced yard, and the equipment shelter will be screened with vine vegetation on the fence to minimise visual impacts at ground level.

'Pale Eucalypt' colour scheme is proposed for the monopole, as this will blend in best with the skyline and existing vegetation in all weathers, minimising visual impact on the surrounding area.

A condition will also be imposed on the consent requiring the monopole to be powdercoated in a non-reflective finish in pale green to reduce its visibility against the skyline.

7.4 The removal of 10 medium mature trees will be offset by mature tree planting

The removal of 10 trees of medium retention value is in a biocertified area. One tree is proposed to be pruned, and 16 trees protected, including 1 significant tree. The tree removal plan and tree management plan is outlined in the Arboricultural Impact Assessment submitted by the applicant.

The 10 trees are required to be removed to enable installation and operation of the proposed telecommunications tower infrastructure. However offset tree planting will be included in the conditions as outlined in 7.1.7 above.

Concerns were raised by Council's Open Space Maintenance section and Recreation Planning Design section in relation to the location of the monopole at the front of the site, which required the removal of 10 trees, and further information was requested. The applicant provided an arboricultural impact assessment report and agreed to street tree planting to create a landscaping buffer within the road verge, as per the landscape plan drawn by Council's landscape architect.

7.5 Objections received are not sufficient to warrant refusal

We received a total of 24 submissions, which included 8 from members of the Rouse Hill Heights Action Group, following public notification which included letters sent to 63 addresses in the immediate vicinity.

The submissions raised range of issues relating to public health impacts; noise impact; visual impact; traffic safety on Cudgegong Road; devaluation of property values; proximity to schools and residences; alternate locations posited by submitters; alternate location within the reservoir site; alternative technology such as small cell facilities; and heritage impact on Rouse Hill House.

These and all the other issues raised by the residents are addressed in detail in attachment 8 which provides a summary of residents' concerns and Council's corresponding response. However none of the issues raised warrant refusal of the proposal.

7.6 Decommissioning of the existing telecommunication tower

The issue of the timing of the decommissioning of the existing tower at 129 Cudgegong Road due to the expiry of its lease on 31 July 2022 has been conditioned. This is to ensure that there does not end up being 2 towers operating in this area.

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A condition has been imposed prior to the issue of the Occupation Certificate for this new tower that the applicant to surrender its DA consent for the telecommunications facility at 129 Cudgegong Road, and to provide evidence to Council that the monopole has been dismantled and is no longer operational.

7.7 The telecommunication tower is permissible under the State Environmental Planning Policy (Infrastructure) 2007

The use is prohibited in its current zoning of SP2 Infrastructure (Reservoir) as the proposal does not meet criteria for Exempt and Complying Development under the State Environmental Planning Policy (Infrastructure) 2007.

The telecommunication facility is permissible under clauses 113 and 115 of State Environmental Planning Policy (Infrastructure) 2007, as a result of SEPP (Infrastructure) Amendment (Telecommunications Facilities) 2010 which permits them in any zone.

Thus the provisions of clauses 113 and 115 are relied upon for the permissibility of the proposed development at this location, and are the basis for seeking Council's consent. This is addressed further in attachment 6.

8 Issues raised by the public

8.1 The proposed development was notified to 63 adjoining and nearby land owners and occupiers in the locality between 4 and 17 December 2020, within a radius of over 400 m. The development application was also advertised in the local newspapers and a sign was erected on the site.

8.2 We received 24 submissions which included 8 proforma letters objecting to the proposal. The submissions related to:

public health impacts, including the perceived potential for health impacts from the emission of electromagnetic frequency or high level of radiofrequency waves generated by the telecommunications facility

noise impact

visual impact

traffic safety on Cudgegong Road

devaluation of property values

proximity to schools and residences

alternate locations posited by submitters

alternate location within the reservoir site

alternative technology such as small cell facilities

heritage impact on Rouse Hill House.

8.3 A summary of each issue and our response is at attachment 8 Summary of residents' concerns and Council response.

8.4 The objections raised are not considered sufficient to warrant refusal of the development application.

9 External referrals

9.1 The development application was referred to the following external authorities for comment:

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Authority Comments

Sydney Water (landowner) Acceptable subject to conditions

10 Internal referrals

10.1 The development application was referred to the following internal sections of Council for comment:

Section Comments

Building Acceptable subject to conditions

Engineering No objection

Drainage Engineering No objection

Environmental Health Acceptable subject to conditions

Open Space Maintenance Acceptable subject to conditions

Traffic No objection

Natural Areas Team Acceptable subject to conditions

Heritage No objection

Recreation Planning Design Acceptable subject to conditions

Property No objection

11 Conclusion

11.1 The proposed development has been assessed against all relevant matters and is considered to be satisfactory. It is considered that the likely impacts of the development have been satisfactorily addressed and that the proposal is in the public interest.

11.2 The site is considered suitable for the proposed development subject to conditions.

12 Recommendation

1 Approve Development Application DA-20-01428 for the reasons listed below, and subject to the conditions listed at attachment 9.

a The proposal is considered to be consistent with State Environmental Planning Policy (Infrastructure) 2007, State Environmental Planning Policy (Sydney Region Growth Centres) 2006, and the Blacktown Growth Precinct Development Control Plan 2020 [Section 4.15(1)(a) of the Environmental Planning and Assessment Act 1979].

b The proposal is in the public interest by way of providing improved and reliable mobile communications coverage and capacity for voice and data to the Rouse Hill residential area [Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979].

c All emissions are to Australian health standards and meet the requirements of the Australian Radiation Protection and Nuclear Safety Agency and the World Health Organisation, and comply with the safety limits for electromagnetic energy imposed

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by the Australian Communications and Media Authority, and thus are expected to have no impact on public health [Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979].

d It is considered that the proposed development will not have any adverse social, economic or environmental impacts for the locality and will provide economic benefits through improved mobile data services to the area [Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979].

e The provision of improved mobile coverage and capacity is generally considered desirable by the community [Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979].

f Of the various sites considered, the selected option will give the best community mobile coverage and the least impacts from a visual and acoustic perspective, as no trees will be required to be removed due to the site location [Section 4.15(1)(b) of the Environmental Planning and Assessment Act 1979].

2 Council officers notify the applicant and submitters of the Panel’s decision.

_________________________ Ruth Bennett Senior Development Planner

_________________________ Judith Portelli Manager Development Assessment

_________________________ Peter Conroy Director City Planning and Development

Attachment 1 Blacktown Local Planning Panel report: DA 20-01428

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Location map

Site is marked as

(Source: street-directory.com.au, accessed September 2021)

Attachment 2 Blacktown Local Planning Panel report: DA 20-01428

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Aerial image

Site is marked as

(Source: BCC Gisweb, August 2021)

Attachment 3 Blacktown Local Planning Panel report: DA 20-01428

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Zoning extract

Legend

Land Zone

Source: BCC Gisweb, accessed August 2021

Attachment 4 Blacktown Local Planning Panel report: DA 20-01428

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Detailed information about proposal and DA submission material

1 Overview 1.1 The proposal is for the construction and operation of a telecommunications mobile phone

and data network base station facility on the land. The new mobile telecommunications facility is to replace an existing base station at 129 Cudgegong Road that will be decommissioned at the end of its lease on 31 July 2022.

1.2 The applicant seeks consent for:

construction of a 35 m high steel monopole at 130 Cudgegong Road, to be painted in pale green 'Pale Eucalypt', and to be owned and managed by the applciant , t. This will ensure that there is continuity of mobile phone and data services in the fast-growing Rouse Hill area

earthworks to establish the foundations for the tower

the facility to be established within a 7.5 m by 19 m leasehold area at the front of the site, which will be enclosed by a new 2.4 m chain link fence. Incorporated in the fence will be 2 gates to access the facility from Cudgegong Road.

The proposal does not include carrier antennas or equipment, as these details are still to be confirmed as carriers have not yet confirmed their relocating to the site. There will be the security fencing around the compound, and underground power infrastructure.

The installed telecommunication facility will also include, an associated base station

New underground and overhead electrical infrastructure is also proposed to connect the site to power.

Installation of ancillary equipment associated with the operation and safety of the facility including earthing and lightning protection equipment.

2 Access and parking 2.1 Access to the site will be via the existing vehicular entrance off Cudgegong Road through

new access gates installed within the Cudgegong Road frontage. No formal crossover is currently proposed.

2.2 The facility when operational will require maintenance several times a year, and otherwise will operate on an unmanned basis, and therefore will not generate significant vehicular traffic.

3 Landscaping 3.1 No mature vegetation or mature trees will need to be removed within the exception of 10

medium value trees which are located within the compound area. There will be no encroachment onto mature trees on the rest of the Sydney Water property, which will be protected in accordance with the tree management plan in the arboricultural impact assessment.

3.2 Some landscape planting previously installed by Sydney Water will be removed. This includes several shrubs and groundcovers at the location of the monopole installation

Blacktown Local Planning Panel report: DA 20-01428 Attachment 4 | Page 2 of 2 

within the compound area which will be bounded by a chain link fence with 2 gates for access on the site's front boundary.

3.3 As the compound is by necessity built close to the front boundary of 130 Cudgegong Road, landscaping will be limited to vines and screen vegetation proposed to be grown attached to the new chain link fence to soften the visual impact of the proposed equipment shelter.

3.4 The applicant will also undertake tree planting of 10 x Angophora floribunda (rough-barked apple) and 8 x Flindersia australis (crow's ash) within the road verge, in order to provide a landscape buffer to screen the facility from the road, to Council's requirements.

4 Acoustic and visual impacts 4.1 There will be some minor noise impact during the construction phase. These impacts will

only be of brief duration.

4.2 Once the facility is operational, it is not expected that it will be a significant generator of noise. The cooling equipment to be located within the base station are the only parts of the facility that will generate noise.

4.3 The cooling equipment will be either an air-conditioning unit inside the pre-fabricated base station, or a separate enclosure outside the base station. . Both of these types of facilities are designed to operate at a level which is comparable to a domestic air conditioner, and will be required to comply with the background noise level requirements specified in Australian Standard AS 1055. This will ensure that there is no acoustic impact on the facility's surrounds.

4.4 In addition to landscape vine screening of the chain link fence, the monopole is proposed to be painted in a pale green colour ('Pale Eucalypt') which will be non-reflective. This will ensure that there is negligible visual impact from the facility, and so it blends in with adjacent tree cover.

5 Utilities, stormwater and drainage 5.1 Overhead power infrastructure is proposed to be installed to connect the facility to mains

power.

5.2 The facility which operates on an unmanned basis, does not require connection to reticulated water or sewerage. Axicom Pty Ltd have confirmed that this site will not impact upon Sydney Water underground pipes or other infrastructure.

5.3 Given the small footprint of the facility, with a minimal hardstand surface, there will be minimal stormwater runoff generated. The tower's foundation will be below the ground surface, and there will be no hardstand surfacing. As a result there will be negligible impact on stormwater runoff or drainage. A stormwater or drainage plan has not been submitted.

6 Decommissioning of the existing tower 6.1 The lease over the site of the existing tower located at 129 Cudgegong Road ends on 31

July 2022, at which time the tower will be decommissioned. This application does not seek approval for the decommissioning of the existing tower.

6.2 A condition will be imposed that prior to issue of any occupation certificate for this new tower that Axicom Pty Ltd will have to surrender the Development consent for the existing telecommunications facility at 129 Cudgegong Road and provide evidence that it is no longer operational. Council will also require this old tower to be dismantled within 7 days of the issue of the Occupation Certificate for the new tower.

DATE OF ISSUE

DRAWING PACKAGE VERSION

COMPANY REPRESENTATIVE COPIES

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DOCUMENT TRANSMITTAL SHEET

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3400832 ROUSE HILL130 CUDGEGONG RD

ROUSE HILL, NSW 2155

REPLACEMENT SITE FOR3400832 ROUSE HILL

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3400832-P0 SITE LOCALITY PLAN 013400832-P1 OVERALL SITE PLAN 013400832-P2 SITE LAYOUT PLAN 013400832-P3 SITE ELEVATION 01

AXICOM PAUL FARRELL 1

STD-E200 ELECTRICAL SERVICES - TYPICAL BURIED EARTHING SYSTEM 1STD-E201 ELECTRICAL SERVICES - EARTHING SCHEMATIC 1STD-E202 ELECTRICAL SERVICES - EARTH CONNECTION DETAILS 1

STD-G101 GENERAL NOTES 1STD-G102 RECOMMENDED MINIMUM CLEARANCE REQUIREMENTS 1

STD-S200 CHAIN WIRE FENCE DETAILS 1

STD-G100 GENERAL NOTES 1

3400832-P4 LEASE PLAN 01

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Attachment 6 Blacktown Local Planning Panel report: DA 20-01428

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Assessment against planning controls: section 4.15, summary assessment and variations to standards

1 Environmental Planning and Assessment Act 1979 1.1 Section 4.15 ‘Heads of Consideration’

Heads of Consideration

Comment Complies

a. The provisions of:

(i) Any environmental planning instrument

The proposal is considered to be consistent with the relevant Environmental Planning Instruments.

The proposal is permissible with consent under State Environmental Planning Policy (Infrastructure) 2007.

As required by the Community Consultation Plan in the Blacktown Development Control Plan, the proposal was notified to residents in the vicinity.

Yes

(ii) Any proposed instrument that is or has been the subject of public consultation under this Act 

Draft State Environmental Planning Policy (Environment)

The draft State Environmental Planning Policy was exhibited between October 2017 and January 2018 and seeks to simplify the NSW planning system and reduce complexity without reducing the rigour of considering matters of State and Regional significance.

The State Environmental Planning Policy effectively consolidates several State Environmental Planning Policies including State Environmental Planning Policy 19 Bushland in Urban Areas, State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011, Sydney Regional Environmental Plan No. 20 - Hawkesbury-Nepean River (No. 2 – 1997) and Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment and removes duplicate considerations across Environmental Planning Instruments.

Yes.

This proposal is not inconsistent with the provisions of this draft State Environmental Planning Policy.

  Draft State Environmental Planning Policy (Remediation of Land)

The draft Remediation of Land State Environmental Planning Policy was exhibited from January to April 2018 and seeks to repeal and replace State Environmental Planning Policy No. 55 in relation to the management and approval pathways for contaminated land.

The draft Remediation of Land State Environmental Planning Policy will:

provide a state-wide planning framework for the remediation of land

maintain the objectives and reinforce those aspects of the existing framework that have worked well

clearly list the remediation works that require development consent

categorise remediation work based on the scale, risk and complexity of the work

Yes.

There is no evidence this site is contaminated based on previous uses.

Blacktown Local Planning Panel report: DA 20-01428 Attachment 6 | Page 2 of 6 

Heads of Consideration

Comment Complies

require environmental management plans relating to post remediation, maintenance and management of on-site remediation measures to be provided to Council.

(iii) Any development control plan

Blacktown Growth Centre Precincts Development Control Plan 2010 applies to the site, however, there are no controls for telecommunications facilities. However as the Growth Centres SEPP and Growth Centres DCP are silent, reliance on other prevailing controls can be made here.

In Blacktown Development Control Plan 2015 - Part F - Telecommunication Facilities exists and has been reviewed as part of the assessment of this application.

Part F provides guidelines for telecommunications facilities, addressing environmental factors such as:

location, design, and siting of the facility

the existing and proposed use of the land and adjoining properties

the need for the proposal and alternatives considered by the proponent

the proximity of the proposed facility to residential and infrastructure and public recreation land uses

any guidelines, advice or supporting information submitted by the proponent or other authorities which may be relevant

the visual and acoustic impacts of the proposal and measures proposed to ameliorate these impacts

site access, security and landscaping

any submissions received from the public.

The proposal is compliant with Part F of the Blacktown Development Control Plan. The applicant undertook extensive investigation and analysis to site the facility appropriately, addressing impacts relating to visual impact, potential health impacts, and the residential uses and special uses nearby. Aesthetic considerations relating to colour, shape and surfaces for the monopole were examined and found suitable.

The design will ensure that the visual amenity of the locality is protected and will not impact on the surrounding residential area or nearby public recreation area. Refer to Attachment 7 where a detailed compliance check of this proposal against Part F of the BDCP 2015 – Telecommunication Facilities DCP is undertaken and the proposal is found to be compliant.

Yes

(iii a) Any Planning Agreement

No planning agreement is required. N/A

(iv) The regulations N/A N/A

b. The likely impacts of the development, including environmental impacts on both the natural and built environments, and social

It is considered that the likely impacts of the development have been satisfactorily addressed and the proposed development will not result in unfavourable social, economic or environmental impacts on the locality.

There is limited removal of vegetation. There is minimal ecological disturbance as the proposal is located near the

Yes

Blacktown Local Planning Panel report: DA 20-01428 Attachment 6 | Page 3 of 6 

Heads of Consideration

Comment Complies

and economic impacts on the locality

front of the site, with the removal of 10 medium trees, and pruning of 1 tree, and is sited well away from the mature trees on the site. Power and access is available for the construction and operation of the facility.

Town planning considerations (such as zoning, surrounding land uses, environmental significance, compliance with the planning scheme and visual impact) have been examined, and the site is suitable for the monopole.

There will be minimal adverse impacts as a result of construction of the monopole on the site where a Sydney Water reservoir is located. The site is near the front boundary adjacent to the road reserve. Acoustic and visual impacts have been addressed to minimise these impacts. These are addressed by way of condition, material finishes, and also with landscaping requirements on the road verge, and of the compound which houses the facility.

Construction will be during low traffic periods and coordinated appropriately with Sydney Water. The existing access will remain for vehicles. There will be very little traffic impact as the site is unmanned, except for maintenance several times a year. During the construction phase there will be a slight increase in traffic.

The location will offer a cost effective site solution while maximising coverage and mobile service provisions for voice and data within the identified locality.

c. The suitability of the site for the development

The subject site is zoned SP2 Infrastructure (Water Reservoir). The proposed development is permissible with consent under the State Environmental Planning Policy Infrastructure and it is considered to be suitable for the site.

Yes

d. Any submissions made in accordance with this Act, or the regulations

The application was notified to neighbours for a 14 day period, between 4 and 17 December 2020. A total of 15 unique submissions and 2 proforma letters were received, which are detailed at attachment 8.

Yes

e. The public interest The submissions are not sufficient to warrant refusal of the DA. The proposal is considered to be in the public interest as it will provide improved mobile coverage services for voice and data in the locality.

Yes

2 State Environmental Planning Policy (Infrastructure) 2007

Summary comment Complies

State Environmental Planning Policy (Infrastructure) 2007 as amended by the State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications Facilities) 2010 is relevant as the provisions of clauses 113 and 115 are relied upon for the permissibility of the proposed development at this location and are the basis for seeking Council's consent.

The proposal does not meet criteria for Exempt and Complying Development under the Infrastructure SEPP as it is located in an Infrastructure zone.

Clause 113 defines a 'Telecommunications Facility' as:

(a) any part of the infrastructure of a telecommunications network, or (b) any line, cable, optical fibre, equipment, apparatus, tower, mast, antenna, dish,

Blacktown Local Planning Panel report: DA 20-01428 Attachment 6 | Page 4 of 6 

Summary comment Complies

tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network.

Clause 115(1) provides that:

Development for the purposes of telecommunications facilities, other than development in clause 114 (works undertaken by a public authority) or development that is exempt development under clause 20 or 116, may be carried out by any person with consent on any land.

Thus Clause 115 permits telecommunications facilities in all zones within Blacktown City with development consent.

Clause 115(3) provides that:

Before determining a development application for development to which this clause applies, the consent authority must take into consideration any guidelines concerning site selection, design, construction or operating principles for telecommunications facilities that are issued by the Director-General for the purposes of this clause and published in the Gazette.

The Director General has issued the 'NSW Telecommunications Facilities Guideline including Broadband (July 2010)', and at Section 22 the principles to be taken into consideration are outlined, and include:

Principle 1 - the facility should be designed and sited to minimise visual impact

Principle 2 - facilities should be co-located wherever possible

Principle 3 - health standards for exposure to radio emissions are required to be met

Principle 4 - disturbance and risk is to be minimised, and compliance maximised.

Principle 1 - The facility has been sited to enable screening by treed vegetation. In addition 8 Flindersia australis trees and 10 Angophora floribunda trees will be planted within the road verge. Conditions have been imposed.

Principle 2 - Co-location with another facility was not practicable, following assessment of a number of options within the site as outlined earlier in 7.1.1.

Principle 3 - As outlined earlier in the report at 7.2, the proposed installation will comply with the regulatory requirements of Australian Communications and Media Authority with respect to electromagnetic radiation exposure levels. Conditions have been imposed to ensure compliance to mitigate risk to public health.

Principle 4 - The provisions of the Civil Aviation Regulations 1988 and the Airports (Protection of Airspace) Regulations 1996 were considered with respect to the design and siting of the facility, as any facility must comply with these regulations and not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan prepared by the operator of any aerodrome or airport operating within 30 km of the proposed development and be reported to CASA.

The facility will have a total overall height of 37.5 m, including the monopole, future antennas and ancillary equipment. Conditions will be imposed in relation to Bankstown Airport (26 km) that it be notified. The site does not protrude into the obstacle limitation surface for the future Western Sydney International (Nancy-Bird Walton) Airport.

The base station facilities are to be designed and installed to comply with Australian Standards. The facility is to be located wholly within the Sydney Water site. Sydney Water as landowner has agreed to the facility being located on the land, subject to a lease agreement agreed by the parties. Thus, there will be certainty of tenure, as agreement by the landowner of the subject site has provided surety for Axicom Pty Ltd to propose the subject site as being the ideal location of a mobile base station, having considered a range of other options. An agreement will be determined between the Axicom Pty Ltd and the telecom providers, in relation to the facility.

The site of the monopole will be cleared, and it is not anticipated that there will be any disturbance to flora and fauna. Council’s Natural Areas Team has provided conditions relating to the removal of 10 trees in the location of the site to protect fauna.

Blacktown Local Planning Panel report: DA 20-01428 Attachment 6 | Page 5 of 6 

Summary comment Complies

Any infrastructure within the site will be protected from disturbance, and a condition will be imposed that where any disturbance takes place that the item(s) will be reinstated at the end of construction to the same condition they were in before work commenced.

In relation to fire risk, the facility is to be constructed in line with the Building Code of Australia and is to be built to a standard which is considered to have minimal fire risk. This also takes into account the nature of the construction materials used. Fire risk is considered to be minimal.

We have assessed the DA against the relevant provisions and it is compliant with all matters under State Environmental Planning Policy (Infrastructure) 2007.

3 Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River

Summary comment Complies

The planning policies and recommended strategies under SREP 20 are considered to be met through the development controls of the Blacktown Local Environmental Plan 2015 and the Blacktown Development Control Plan 2015.

Yes

4 State Environmental Planning Policy (Sydney Region Growth Centres) 2006

Summary comment Complies

State Environmental Planning Policy (Sydney Region Growth Centres) 2006 applies to the site with regard to the proposed telecommunications tower. A telecommunications tower is not permissible in the SP2 zone; however it is permissible under the State Environmental Planning Policy (Infrastructure), which at Clause 115(1) states that 'development for the purposes of telecommunications facilities may be carried out by an person with consent on any land'. The development application complies with all other matters in State Environmental Planning Policy (Sydney Region Growth Centres) 2006.

Yes

5 Blacktown City Council Growth Centre Precincts Development Control Plan 2010

Summary comment Complies 

The Blacktown City Council Growth Centre Precincts Development Control Plan 2010 is not technically applicable to the proposed development as it has no DCP controls for telecommunication facilities for an applicant to address.

N/A

6 Blacktown Development Control Plan 2015

Summary comment Complies

As the Growth Centres DCP is silent on any controls relating to a telecommunication facility, Council can revert to the next applicable control and that is the Blacktown Development Control Plan 2015. We have assessed the DA against the relevant provisions of this DCP and it is compliant with all matters, including electromagnetic

Yes

Blacktown Local Planning Panel report: DA 20-01428 Attachment 6 | Page 6 of 6 

Summary comment Complies

energy assessment, network masterplan, site identification and visual/aesthetic considerations. Refer to Detailed Compliance Checklist at Attachment 7.

7 Central City District Plan 2018

Summary comment Complies 

While the Act does not require consideration of District Plans in the assessment of development applications, the development application is consistent with the following overarching planning priorities of the Central City District Plan:

Liveability

Improving access to jobs and services Contributing to the provision of services to meet communities’ changing needs.

Yes

8 Blacktown Local Strategic Planning Statement 2020

Summary comment Complies 

The Blacktown Local Strategic Planning Statement outlines a planning vision for the City over the next 20 years to 2041. The Blacktown Local Strategic Planning Statement contains 18 Local Planning Priorities based on themes of Infrastructure and collaboration, Liveability, Productivity, Sustainability and Implementation.

The development application is consistent with the following priorities:

Infrastructure and collaboration.

Yes

Attachment 7 Blacktown Local Planning Panel report: DA 20-01428

Page 1 of 4

Compliance Blacktown Development Control Plan 2015 - Part F - Telecommunication Facilities Blacktown Growth Centre Precincts Development Control Plan 2010 applies to the site, however, there are no controls for telecommunication facilities. However as the Growth Centres SEPP and Growth Centres DCP are silent, reliance on other prevailing controls can be made here. Thus in Blacktown Development Control Plan 2015 - Part F - Telecommunication Facilities has been reviewed as part of the assessment of this application.

Part F provides guidelines for telecommunications facilities, addressing environmental factors such as:

location, design, and siting of the facility

the existing and proposed use of the land and adjoining properties

the need for the proposal and alternatives considered by the proponent

the proximity of the proposed facility to residential and infrastructure and public recreation land uses

any guidelines, advice or supporting information submitted by the proponent or other authorities which may be relevant

the visual and acoustic impacts of the proposal and measures proposed to ameliorate these impacts

site access, security and landscaping proposals

any submissions received from the public.

These are addressed in the table below.

Part F Guideline Summary comment Complies

Location, design, and siting of the facility

Location and siting:

The applicant undertook extensive investigation and site analysis to site the facility appropriately. Several sites within the property were examined, and also nearby.

Sydney Water Corporation would not agree to a different location on its property, although Council had requested a different location on the property to reduce the number of trees that would be required to be removed. The applicant provided an arboricultural impact assessment which recommended the removal of 10 trees, the pruning of 1 tree, and the protection of 16 trees on the property.

Design:

The monopole is to be painted light green in colour and of a non-reflective finish.

Council's Heritage section, Open Space Maintenance section, and Recreation Planning Design section reviewed the design of the monopole and the compound including the equipment shelter. Aesthetic considerations relating to the design, materials, colour, shape and surfaces, for both the monopole and equipment shelter were examined. In response to Council comments, the applicant agreed to provide landscaping both as a treed buffer within the road verge, and as vine planting along

Yes

Blacktown Local Planning Panel report: DA 20-01428 Attachment 7 | Page 2 of 4 

Part F Guideline Summary comment Complies

the fenced compound to reduce the visual impact of the monopole and the equipment shelter.

Conditions have been imposed to ensure that the design of the facility complies with the structural requirements of the relevant Australian Standards, and that the requirements of the Australian Communications and Media Authority (ACMA) guide "Accessing and Installing Telecommunications Facilities -A Guide, October 1999" is maintained.

Also a condition has been included that the pole be powdercoated bottle green to reduce the need for maintenance and fading.

In terms of structural integrity of the monopole, Council's Building section provided a condition which requires prior to issue of occupation certificate, the submission of a certificate from a structural engineer to the principal certifying authority stating that the structure has been erected/installed in accordance with the engineer’s details.

The existing and proposed use of the land and adjoining properties

The subject land is zoned SP2 Infrastructure (Reservoir) and so is already used for service delivery. There are no general public distance-based restrictions on the location of telecommunications facilities, however consideration is given to the impacts on surrounding land uses. The site is located 50-55 m from residential areas located to the north, south and south-west. The Rouse Hill Anglican College oval is located at least 200 m from the site, and the closest school buildings are 430 m away.

Yes

The need for the proposal and alternatives considered by the proponent

The proposal is needed to replace the existing facility at 29 Cudgegong Road which will be decommissioned as its lease expires on 31 July 2022.

Other alternative locations which were considered by the proponent included: rooftop co-locations, other locations at Cudgegong Road, the power substation at 83 Schofields Road, the Metro Stabling Yard at 47 Tallawong Road, and land adjoining the Metro corridor. These alternatives were not suitable due to lack of interest from some landowners, and also due to topographical factors, and being located too far south to represent a suitable coverage outcome.

Some of the alternative locations were in a lower position topographically and would have required a much taller structure such as a lattice tower. Other locations were unsuitable due to terrain or from a service and tenure perspective.

Yes

The proximity of the proposed facility to residential and infrastructure and public recreation land uses

The monopole is located 50-55 m from residential areas located to the north, south and south-west. It is located 550 m from the boundary of the Rouse Hill Estate, and approximately 800 m from Rouse Hill House.

Yes

Any guidelines, advice or supporting information submitted by the proponent or other authorities

All telecommunications facilities in Australia are regulated by the Australian Communications and Media Authority. It has adopted the Australian Radiation Protection and Nuclear Safety Agency Standard as the mandatory standard for human exposure to electromagnetic energy from radiofrequency signals or electromagnetic energy.

Yes

Blacktown Local Planning Panel report: DA 20-01428 Attachment 7 | Page 3 of 4 

Part F Guideline Summary comment Complies

which may be relevant

The applicant has provided an ARPANSA EME report, and an updated ARPANSA EME report. This outlines how the monopole is to be operated in line with the legislative requirements regulated by the Australian Communications Media Authority, which are in accord with the World Health Organisation guidelines.

The reports demonstrate that the proposal will comply with the Australian Radiation Protection and Nuclear Safety Agency regulatory arrangements with respect to electromagnetic radiation exposure levels to limit public human exposure to electromagnetic energy.

A condition has been imposed requiring compliance with the Radiation Protection Standard for Maximum Exposure Leve to Radiofrequency fields - 3kHz to 300GHz (RPS 3-2002) as mandated by the Australian Radiation Protection and Nuclear Safety Agency during the operation of the facility.

The visual and acoustic impacts of the proposal and measures proposed to ameliorate these impacts

Several measures have been incorporated into the design of the facility in order to address the potential for visual and acoustic impacts.

A condition has been imposed to ensure that acoustic amenity is maintained. Council's Environmental Health unit reviewed the cooling fans that will part of the facility. Conditions have been imposed to ensure that the facility complies with the Protection of the Environment Operations Act 1997, which requires Council to investigate complaints where only one person complains. Conditions were also imposed by Environmental Health Unit in relation to waste and air pollution.

To address visual impacts given the location near the street frontage to Cudgegong Road, it is proposed that the monopole be painted in a pale green non-reflective paint. After discussion with Council's Open Maintenance section and Recreation Planning Design section, the proponent agreed to provide a landscaping buffer within the road verge to reduce visual impacts of the monopole, and to provide vine planting on the fenced component to reduce the visual impact of the equipment shelter.

A condition has been imposed prior to issue of any construction certificate for the proponent to submit an amended landscape plan to the satisfaction of Council which finalises the landscaping plan which has been discussed.

Yes

Site access, security and landscaping proposals

Security:

The monopole and equipment shelter will be situated in a leasehold area secured by a 2.4m high fence and gate, separating this area from the rest of the Sydney Water site for its reservoir purposes.

Site Access:

Site access to maintain the monopole will occur 2-4 times per year and be via double gates within the front boundary fence of the property which is also the boundary for the leasehold compound. The gates will be kept securely locked. A condition has also been imposed to ensure that the step pegs on the monopole are not to be accessible to the public.

Yes

Blacktown Local Planning Panel report: DA 20-01428 Attachment 7 | Page 4 of 4 

Part F Guideline Summary comment Complies

Landscaping proposals:

Council's landscape architect provided a landscaping plan to the proponent which provides for tree planting of 8 Flindersia australis (crow's ash) and 10 Angophora floribunda (rough-barked apple) to be planted within the road verge. This followed discussions with Council concerning the location of the monopole on the subject site, and the requirement for 10 trees to be removed, and 16 trees to be protected on the site. An arboricultural impact assessment was sought, and was provided for Council's review.

While Council had requested there be further consideration given to an alternate location further from the road that would not result in loss of trees, the proponent advised that Sydney Water as leaseholder would not agree to an alternate location.

The proponent is amenable to complying with Council's landscaping plan, and has agreed to the planting of the trees on the road verge and for the planting of vines along the fenced component. These plantings will reduce the visual impact of the facility on the immediate vicinity.

The applicant is to undertake street tree planting and vine planting, and maintain the frontage of the site to improve the amenity of the streetscape. Street tree planting must be undertaken and endorsed by Council before an occupation certificate is issued.

Any submissions received from the public.

24 submissions were received from the public, including 8 proforma letters in response to public notification. These were reviewed in detail in attachment 8 - Summary of residents’ concerns and Council response.

Yes

In conclusion, we find that the proposal to be compliant with Part F of the Blacktown Development Control Plan.

Attachment 8 Blacktown Local Planning Panel report: DA 20-01428

Page 1 of 4

Summary of residents’ concerns and Council response

1 Public notification and location of submitters The subject site is highlighted in blue below. We notified 63 dwellings by mail between 4 and 17 December 2020. Our area of notification exceeded a radius of 400 metres from the proposed monopole location. A total of 16 individual submissions and 8 proforma submissions were received.

The area notified is highlighted in red in the figure below.

Key

Individual submitters

Proforma letter submittors

Note: only those in the vicinity of the site are plotted on the map.

Figure 1 - Area of Public Notification

Subject land

Blacktown Local Planning Panel report: DA 20-01428 Attachment 8 | Page 2 of 4 

The locations of submitters are: 7 in Cudgegong Road; 3 in Worcester Road; 5 in Guntawong Road; 2 in Tallawong Road; 1 in Lucy Street; 1 in Sweet Street. Eight submitters are part of the Rouse Hill Heights Action Group. One submitter showed no address. One submitter was from Windsor Road, Grantham Hills; 1 from Killara; and 1 from Alexandria, and 1 from Riverstone. The submitters are highlighted in the map above, showing individual submissions, and those that are proforma letters associated with the Rouse Hill Heights Action Group. We received a total of 24 submissions, which included 8 from members of the Rouse Hill Heights Action Group.

2 Consideration of issues raised

Issue Planning comment/response

Public health impacts An Environmental electromagnetic radiation emission report was submitted with the application, which demonstrates predicted levels of electromagnetic energy radio frequency will be significantly below the maximum allowable safety standard of the Australian Radiation Protection and Nuclear Safety Agency.

The applicant relies on the expert health advice of authorities such as the Australian Radiation Protection and Nuclear Safety Agency and the World Health Organisation for assessment of health and safety impacts.

In response to the matters raised by the submitters, an updated report was submitted dated 2 March 2021. This demonstrates compliance with the safety standard. The maximum level is 4.2% out of 100% of the public exposure limit, at 58 m from the location. Within 0-50 m the public exposure limit is 3.52%, and this decreases to 1.013% at 400-500 m.

The report annexure for this site can be found at https://www.rfnsa.com.au/2155017

The consensus by the 2 authorities mentioned above is that there is no substantiated scientific evidence of health effects from the electromagnetic radiation emission generated by radio frequency technology, including mobile phones and base stations, when used in accordance with applicable standards.

Several objections specifically raised concerns about 5G technology. The Australian Government has stated that all mobile technologies, whether 3G, 4G or 5G, are safe for the public. The existing monopole operates 5G technology, as will the proposed facility.

All telecommunications facilities in Australia are regulated by the Australian Communications and Media Authority. It has adopted the Australian Radiation Protection and Nuclear Safety Agency Standard as the mandatory standard for human exposure to electromagnetic energy from radiofrequency signals or electromagnetic energy.

The proposal will comply with the Australian Radiation Protection and Nuclear Safety Agency regulatory arrangements with respect to electromagnetic radiation exposure levels to limit public human exposure to electromagnetic energy.

A condition has been imposed requiring compliance with the Radiation Protection Standard for Maximum Exposure Leve to Radiofrequency fields - 3kHz to 300GHz (RPS 3-2002) as mandated by the Australian Radiation Protection and Nuclear Safety Agency during the operation of the facility.

Noise impacts The cooling fans that will be part of the facility comply with the requirements of the Environmental Protection Agency. Council's Environmental Health Unit has also imposed conditions in relation to noise, waste and air pollution.

Visual impact The proposal has sought to minimise visual impacts on the residential amenity through the planting of a vegetation buffer screen, as the monopole is located near the western boundary of the site, which has frontage to Cudgegong

Blacktown Local Planning Panel report: DA 20-01428 Attachment 8 | Page 3 of 4 

Issue Planning comment/response

Road. It is located 50-55 m from residential areas located to the north, south and south-west.

There is minimal impact on the existing tree plantings on the site.

All trees outside of the fenced compound area will be retained. Ten trees, considered of ‘medium’ retention value, will need to be removed as they are located within the area of the compound where the facility will be installed. One tree near the compound area will be pruned.

Council's landscape architect requires the applicant to undertake tree planting of 8 Flindersia australis (crow's ash) and 10 Angophora floribunda (rough-barked apple) within the road verge to screen the monopole from view of motorists and the immediate vicinity. These will be 100 litre pot size plants for maximum early maturity. The applicant has agreed to undertake this landscaping within the verge area. Conditions will be imposed for an amended landscape plan to Council's satisfaction be submitted to enable sufficient vehicle access to take place for maintenance of the facility.

The proposed facility will be screened both by existing tree vegetation, and by the trees planted in the road verge.

The applicant has proposed a pale green colour scheme for the 35 m monopole and that the paint will be non-reflective. This will enable the facility to retain a similar appearance to surrounding, established light poles, as pale colours tend to blend best with the skyline in all weathers, minimising visual impact on the surrounding area. We note that the profile of the monopole will be offset by street light poles, light poles in nearby recreation areas and by residential TV aerials protruding above rooftops of existing and future dwellings, all of which provide a significant visual mitigation of the proposed facility.

Traffic safety on Cudgegong Road

The landscaping of trees to be planted on the road verge in front of the compound containing the monopole will prevent the installation from being a visual distraction to motorists on Cudgegong Road.

The matters raised in relation to the intersection of Cudgegong Road and Rouse Road including reference to changing road levels is not a matter that can be considered in relation to this proposal, as it is not directly related.

The applicant has also advised that, in its view, the facility is not expected to have any adverse impacts on traffic safety. Once operational the facility will only be accessed 2-4 times per year for maintenance, but will otherwise operate on an unmanned basis and will not add traffic to Cudgegong Road.

Devaluation of property values

The concern of the residents is acknowledged; however, it is noted that property devaluation is not a planning consideration under the Environmental Planning and Assessment Act. This assessment can only consider those factors which relate to this Act.

The concerns of future purchasers are likely to be related to visual impact and potential health risks. These matters are addressed above. The planting of 8 Flindersia australis (crow's ash) and 10 Angophora floribunda (rough-barked apple) in the road verge, will screen the monopole from the public, including pedestrians and motorists.

As outlined herein, the application is considered satisfactory in relation to these matters, and the facility will increase available telecommunications infrastructure in the vicinity. Mobile base stations have been operating in Rouse Hill for almost 30 years, from 1993.

Proximity to schools and residences

The facility is located on SP2 Infrastructure (Reservoir) zoned land. There are no general public distance-based restrictions on the location of telecommunications facilities, however consideration is given to the impacts on surrounding land uses.

The facility is 200 m from the oval of the Rouse Hill Anglican College and is located 430 m from the closest school buildings. At the school the electromagnetic levels will represent 0.32% of the limit allowed by the

Blacktown Local Planning Panel report: DA 20-01428 Attachment 8 | Page 4 of 4 

Issue Planning comment/response

Australian Standard, where a facility operating at up to 100% is considered safe.

The site is located near to existing dwellings and future dwellings. At the closest residential dwelling the maximum strength would be 4.2% of the limit allowed by the Australian Standard where a facility operating at up to 100% is considered safe.

The location of the facility within the Sydney Water reservoir site is considered satisfactory as the facility will operate significantly below the mandated safety standard for human exposure to electromagnetic emission, while as critical infrastructure it will provide improved coverage to the Rouse Hill target area for residences, schools and businesses, and government services.

Alternate locations posited by submitters

Submitters suggested alternate locations for the facility including rooftop co-locations, other locations at Cudgegong Road, the power substation at 83 Schofields Road, the Metro Stabling Yard at 47 Tallawong Road, and land adjoining the Metro corridor.

The applicant provided a response to the submissions, and outlined the reasons why these locations were not suitable. These included landowners not being interested, the locations being too far south to represent a suitable coverage outcome, and locations being in a lower position topographically which would have required a taller structure like a lattice tower. Alternate locations were also not suitable due to terrain or due to unsuitability from a service and tenure perspective.

The applicant also advised that rooftop locations in the area are either poorly situated to service the local area, or too low, or both.

Alternate location within the Sydney Water reservoir site

While Council had requested there be further consideration given to an alternate location further from the road that would not result in loss of trees, the applicant advised that Sydney Water as leaseholder would not agree to an alternate location. Council advised the applicant that if the location was unable to be changed, an arboricultural impact assessment was required, and landscaping would be required within the road verge, to provide a landscaping buffer screen, given the location near the street frontage to Cudgegong Road.

These were provided, and the applicant is amenable to complying with Council's landscaping requirement for tree planting of 8 Flindersia australis (crow's ash) and 10 Anglophora floribunda (rough-barked apple) to be planted within the road verge.

Alternative technology such as small cell facilities

Small cell facilities are not suitable to be deployed instead of a full-size telecommunications facility, as they are not feasible in this area. Small cell facilities mounted on power or utility poles are to resolve blackspots and only cover a few hundred metres as they have small antenna size and very lower power. The proposed monopole will service several square kilometres and has the capacity to host multiple carriers.

Heritage impact on Rouse Hill House

The submissions were concerned that due to height of the tower it may cause visual impact to the Rouse Hill Estate and Regional Park The applicant has responded that the facility is not expected to have any obvious visibility from the estate, which is over 800 m from the facility. In the applicant's view 'the new apartment buildings in the Rouse Hill area would be more likely to have a visual impact given their number and bulk.'

This proposal will also replace an existing tower which is located approximately 960 m from the Rouse Hill Estate and Regional Park. The DA was referred to Council's Heritage planner who advised that the submitted photo montages suggest that, when viewed from a distance the tower will blend in with the vegetation and telephone lines. So there will not be an overall obstructive view from Rouse Hill House as a result of this development.

Attachment 9 Blacktown Local Planning Panel report: DA 20-01428

Page 1 of 14

Conditions of consent (draft)

Proposed development Installation of a telecommunication facility to an overall height of 37.5 m including a 35 m high monopole, antennas and dishes, associated base station for service carriers and security fencing, and landscaping including street tree planting within the road verge

Property description Lot 2 DP 567502, 130 Cudgegong Road, Rouse Hill

1 ADVISORY NOTES

1.1 Terminology

1.1.1 Any reference in this document to a "consent" means ”development consent" defined in the Environmental Planning and Assessment Act 1979.

1.1.2 Any reference in this consent to a Construction, Compliance, Occupation or Subdivision Certificate is a reference to a certificate as defined by Part 6 of the Environmental Planning and Assessment Act 1979.

1.2 Scope of Consent

1.2.1 The applicant is advised that Council will not release the Occupation Certificate for the approved development until such time as the development has been completed in accordance with all of the conditions of consent, to Council's satisfaction.

1.3 Other Approvals

1.3.1 A separate valid Construction Certificate shall be issued prior to commencement of any construction works.

1.3.2 The applicant’s attention is drawn to the need to obtain separate appropriate approval for any ancillary development not approved by this consent, including:

(a) the removal of any tree(s) not indicated on the approved plans,

(b) any fence, retaining wall, land excavation or filling, advertising structure not approved in this consent,

(c) removal of the existing monopole at 129 Cudgegong Road, Rouse Hill, and

(d) the installation of vehicular crossings servicing the development.

1.3.3 Separate Council approval under the Roads Act 1993 and Local Government Act 1993 is required for any crane used to construct this development that swings over public air space.

1.4 Services

1.4.1 The applicant is advised to consult with:

(a) Sydney Water Corporation Limited

(b) Energy Provider

(c) Natural Gas Company

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(d) The relevant local telecommunications carrier

regarding any requirements for the provision of services to the development and the

location of existing services that may be affected by proposed works, either on the

land or on the adjacent public road(s).

All approved building construction plans attached to the Construction Certificate should be submitted to and stamped by a Sydney Water Corporation Limited Customer Centre or a Sydney Water Quick Check Agent as an indication that the proposal complies with the Sydney Water requirements. Sydney Water may also require the applicant to obtain a Trade Waste Approval as part of the operation of the approved development. Enquiries should be made to ascertain the Sydney Water requirements for the eventual operation of the approved use.

1.4.2 Information regarding the location of underground services may be obtained from the Sydney “Dial Before You Dig” service, telephone number 1100, fax number (02) 9806 0777. Inquirers should provide the street/road name and number, side of street/road name and the nearest cross street/road name.

1.4.3 Prior to any demolition works, all services or utilities should be disconnected in consultation with the relevant service provider.

1.4.4 The developer shall be responsible for all public utility adjustment/relocation works, necessitated by the above work and as required by the various public utility authorities and/or their agents.

1.5 Telecommunications Act 1997 (Commonwealth)

1.5.1 Telstra (and its authorised contractors) are the only companies that are permitted to conduct works on Telstra’s network and assets. Any person interfering with a facility or installation owned by Telstra is committing an offence under the Criminal Code Act 1995 (Cth) and is liable for prosecution. Furthermore, damage to Telstra’s infrastructure may result in interruption to the provision of essential services and significant costs. If you are aware of any works or proposed works which may affect or impact on Telstra’s assets in any way, you are required to contact: Telstra’s Network Integrity Team on phone number: 1800 810 443.

1.6 Identification Survey

1.6.1 The applicant is advised to obtain an identification survey from a registered surveyor to ascertain the correct location of the property boundaries, and to ensure the development does not encroach upon adjoining properties.

1.7 Street Tree Planting and Service Locations (after all other services)

1.7.1 Street tree planting must not impact on public utilities. The applicant should liaise with the relevant service authorities on the location and uses of services within the public road reserve.

1.7.2 Street tree planting must not interfere with street light spill. The applicant is to provide documentation to confirm there is no conflict between proposed vegetation at maturity and street lighting. This confirmation must be received before a Construction Certificate can be issued.

2 GENERAL

2.1 Scope of Consent

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2.1.1 The development shall be in accordance with the following drawings/details submitted to Council with the Development Application, drawn by Axicom for Project 3400832, being replacement site for RFNSA – 2155017, except where amended by other conditions of this consent:

Drawing No. Title Dated Revision 3400832-P0 Site Locality Plan 12/08/2020 01 3400832-P1 Overall Site Plan 12/08/2020 01 3400832-P2 Site Layout Plan 12/08/2020 01 3400832-P3 Site Elevation 12/08/2020 01 STD-G100 General Notes 12/08/2020 01 STD-G101 General Notes 12/08/2020 01 STD-G102 Recommended Minimum

Clearance Requirements 12/08/2020 01

STD-E200 Electrical Services – Typical Buried Earthing System

12/08/2020 01

STD-E201 Electrical Services – Earthing Schematic

12/08/2020 01

STD-E202 Electrical Services – Earth Connection Details

12/08/2020 01

STD-S200 Chain Wire Fence Details 12/08/2020 01 Photomontage 1 (Indicative Only) 14/09/2020 Photomontage 2 (Indicative Only) 14/09/2020

* Unless modified by any other condition of this consent.

2.1.2 This consent grants approval for the following, subject to full compliance with all other conditions of this consent:

Installation of a telecommunication facility to an overall height of 37.5 m including a 35 m high monopole, antennas and dishes, associated equipment base station for carriers and security fencing, and landscaping including street tree planting within the road verge

2.2 Waste Management Plan

2.2.1 The development is to be carried out generally in accordance with the Waste Management Plan.

3 PRIOR TO CONSTRUCTION CERTIFICATE (GENERAL)

3.1 DA Plan Consistency

3.1.1 A Construction Certificate for the proposed development shall only be issued when the accompanying plans, specifications and/or details are consistent with the approved Development Application design plans.

3.2 Other Matters

3.2.1 No construction preparatory work (including tree or vegetation removal, ground clearing, excavation, filling, and the like) shall be undertaken on the land prior to a valid Construction Certificate being issued for the construction works.

3.3 Necessary Plan Amendments - Amended Street Tree and Landscaping Plan

3.3.1 The following plan amendments shall be included on or addressed by any Construction Certificate relating to the approved development as outlined by Council’s Landscape architect, Recreation Planning Design, with reference to the following drawing: Drawing L-01 entitled ‘Landscape Plan – RPD Feedback’, for Project at 130 Cudgegong Road, Rouse Hill, Final, Revision A, dated 19/11/2020. The amended plan

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is to be prepared by a qualified landscape architect or a qualified landscape consultant. The amended plan is to be submitted for review and approval of the Manager Civil and Open Space Infrastructure prior to the issue of the Construction Certificate.

3.3.2 The amended plan is to indicate a greater distance between the 2 trees either side of the double access gates installed within the fencing compound which enable access for maintenance of the facility. It is to include details of the vines (endemic species) to be planted on the chain wire fence to improve visual amenity.

3.3.3 The amended street tree and landscaping plan is to reflect the species palette in our Street Tree Guidelines and must include:

- cross-sections showing dimensions of tree pits

- species

- tree planting details to Blacktown City Council specifications

- details of root protection barriers

- soil specifications

- provide vine planting details of chain wire fence

- location of tree pits in relation to services, light poles, stormwater pits, sewerage

infrastructure and utilities.

NOTE: Any tree planting to be undertaken as part of the approved development shall be available to Council for inclusion in future carbon sequestration programs.

3.3.4 Street tree planting must not interfere with street light spill. The applicant is to provide documentation to confirm there is no conflict between proposed vegetation at maturity and street lighting. This information must be received before a construction certificate can be issued.

3.4 External Finishes

3.4.1 The monopole is to be designed with a powdercoated finish in ‘Pale Eucalypt’, and be non-reflective.

3.4.2 The proposed step pegs on the monopole are to be designed so they are not accessible to the public.

3.5 Natural Areas Team Requirement: Biodiversity Management Plan

3.5.1 A Biodiversity Management Plan comprising a detailed site plan and an accompanying report in a legible format prepared by a person who has qualifications and experience in respect of ecology is to be submitted by the Applicant for Council’s consideration. The Biodiversity Management Plan is to relate to the land within Lot 2 DP 567502 and must contain full details of the actions proposed to be taken with respect to the management of fauna during the course of carrying out the development. The Biodiversity Management Plan is to be consistent with the NSW Department of Planning, Industry and Environment, ‘Code of Practice for injured, sick and orphaned protected fauna’, 2011 (The Code).

3.5.2 The Biodiversity Management Plan must include the following:

(a) Biodiversity management strategies for pre-construction, construction and post-construction activities, including environmental control measures for the pre-clearing process.

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(b) A fauna rescue and release procedure. Where tree removal is required, then a licensed wildlife carer or ecologist will be required on site as a fauna handler (‘Rescuer’ under the Code) during tree removal works.

(c) A procedure for controlling the introduction and spreading of weeds and pathogens, including hygiene protocols and the arrangements for monitoring.

(d) Proposed strategies for re-use of top soil, tree hollows, logs, coarse woody debris and bush rock. All identified tree hollows proposed to be removed, are to be salvaged from trees removed and placed in retained or nearby bushland areas under the direction of an ecologist to Council’s satisfaction. For all tree hollows, not able to be salvaged, they are to be replaced with nest boxes or artificial hollows with three nest boxes / artificial hollows for every one hollow removed.

(e) A procedure for dealing with unexpected threatened species finds. The procedure must include, as a minimum, the following:

(i) stop work arrangements in the immediate area of the threatened species

(ii) notification and communication protocol

(iii) consultation with the specialists to assess the significance of the find, and

(iv) a list of approvals, licences or permits likely required prior to recommencingorks

(f) If trees or areas of vegetation are to be retained as part of the development, the procedures and methods for identifying and protecting the areas of vegetation to be retained showing them as exclusion zones in accordance with Australian Standard AS: 4790-2009 ‘Protection of trees on development sites’.

4 PRIOR TO CONSTRUCTION CERTIFICATE (BUILDING)

4.1 Site Works and Drainage

4.1.1 Any required retaining wall(s) and/or other effective method to retain excavated or filled ground (not being Exempt Development under the Blacktown Local Environmental Plan), together with any associated groundwater drainage system, shall be designed by an appropriately qualified person. Details of such site works shall accompany the Construction Certificate.

4.1.2 Soil erosion and sediment control measures shall be designed in accordance with Council’s Soil Erosion and Sediment Control Policy. Details shall accompany any Construction Certificate.

4.2 Other Matters

4.2.1 Separate Council approval under the Roads Act 1993 is required for any crane used to construct this development that swings over public air space.

5 PRIOR TO CONSTRUCTION CERTIFICATE (ENVIRONMENTAL HEALTH)

5.1 Environmental Management

5.1.1 A certificate must be provided by a qualified acoustic engineer stating that provision has been made in the design of all sound producing plant, equipment, machinery, mechanical ventilation system or refrigeration systems to ensure that it is acoustically attenuated so that the noise emitted:

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(a) does not exceed an LAeq sound pressure level of 5dB (A) above the ambient background noise level when measured

•   at the most affected point on or within any residential property boundary or

•   at the external edge of any sole occupancy unit balcony within the premises itself at any time the plant or equipment operates.

(b) cannot be heard within a habitable room in any sole occupancy unit or other residential premises (regardless of whether any door or window to that room is open) between the hours of 10pm and 7am.

The method of measurement of sound must be carried out in accordance with Australian Standard 1055.1.

6 PRIOR TO DEVELOPMENT WORKS

6.1 Safety/Health/Amenity

6.1.1 Toilet facilities shall be provided on the land at the rate of 1 toilet for every 20 persons or part thereof employed at the site. Each toilet provided shall be:

(a) a standard flushing toilet, or

(b) a temporary on-site toilet which is regularly maintained and the waste disposed to an approved sewerage management facility.

6.1.2 A sign is to be erected and maintained in a prominent position on the site in accordance with Clause 98 A (2) of the Environmental Planning and Assessment Regulations 2000 indicating:

(a) the name, address and telephone number of the principal certifying authority for the work, and

(b) the name of the principal contractor (if any) for the building work and a telephone number on which that person may be contacted outside working hours, and

(c) stating that unauthorised entry to the work site is prohibited.

This condition does not apply to:

(a) building work carried out inside an existing building, or

(b) building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out.

6.1.3 Soil erosion and sediment control measures shall be provided in accordance with Council’s Soil Erosion and Sediment Control Policy.

6.2 Notification to Council

6.2.1 The person having the benefit of this consent shall, at least 2 days prior to work commencing on site, submit to Council a notice under Clauses 135 and 136 of the Environmental Planning and Assessment Regulation 2000, indicating details of the appointed Principal Certifying Authority and the date construction work is proposed to commence.

6.3 Sydney Water Authorisation

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6.3.1 Sydney Water Corporation's approval, in the form of appropriately stamped Construction Certificate plans, shall be obtained and furnished to the Principal Certifying Authority to verify that the development meets the Corporation's requirements concerning the relationship of the development to any water mains, sewers or stormwater channels.

OR

The approved plans are to be submitted to a Sydney Water Tap In, to determine whether the development will affect Sydney Water's sewer and water mains, stormwater drains and/or easements and if further requirements need to be met. The plans must be appropriately stamped and all amended plans will require restamping. For further information please refer to the "Developing Your Land" section of the website: www.sydneywater.com.au, or telephone 1300 082 746 for assistance.

6.4 Use of Crane

6.4.1 Any crane used in the construction of this development to swing over public air spaces must have approval under the Roads Act 1993 and Local Government Act 1993 from Council’s Manager, Civil and Open Space Maintenance.

6.5 Appointment of Consulting Arborist

6.5.1 As per section 5 of the Arboricultural Impact Assessment by Eco Logical Australia Pty Ltd, dated 23 April 2021, an AQF Level 5 Consulting Arborist needs to be engaged to supervise work within the Tree Protection Zone, provide advice regarding tree protection, and monitor compliance. The Consulting Arborist must be appointed prior to commencement of the earthworks. The Consulting Arborist is to register with the Principal Certifying Authority before any works commence so that the builder can be inducted as to important times when the Arborist will be required on site. Hold points, inspections and certification are to be carried out by the Arborist.

6.6 Biodiversity Management Plan

6.6.1 The commencement of any works under this consent and the issuing of any construction certificate must not occur unless and until the Council has given notice in writing to the proponent that it has approved the Biodiversity Management Plan.

6.7 RAAF Base Richmond Notification

6.7.1 The applicant is to notify the Department of Defence of the proposed monopole due to it being located within 30km of RAAF Base Richmond and above 30m in height.

6.8 Commonwealth Aviation Safety Authority

6.8.1 The applicant is to notify CASA of the proposed monopole due to it being located within 30km of RAAF Base Richmond and within 30km of Bankstown Airport, and above 30m in height.

6.9 Bankstown Airport

6.9.1 The applicant is to notify Bankstown Airport of the proposed monopole, due to it being located within 30km of the airport, and above 30m in height.

6.10 State Environmental Planning Policy (Infrastructure) 2007 requirements

6.10.1 As the development is part of infrastructure for a public mobile phone network, before work commences the Principal Certifying Authority must be given:

(a) in the case of development that will produce electromagnetic radiation, a report

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in the format required by the Australian Radiation Protection and Nuclear Safety Agency that shows the predicted levels of electromagnetic energy surrounding the development comply with the safety limits imposed by the Australian Communications and Media Authority and Electromagnetic Radiation Standard, and

(b) a report showing compliance with the Mobile Phone Base Station Code.

7 DURING CONSTRUCTION (BUILDING)

7.1 Safety/Health/Amenity

7.1.1 The required toilet facilities shall be maintained on the land at the rate of 1 toilet for every 20 persons or part of 20 persons employed at the site.

7.1.2 A sign is to be erected and maintained in a prominent position on the site in accordance with Clause 98 A (2) of the Environmental Planning and Assessment Regulations 2000 indicating:

(a) the name, address and telephone number of the principal certifying authority for the work, and

(b) the name of the principal contractor (if any) for the building work and a telephone number on which that person may be contacted outside working hours, and

(c) stating that unauthorised entry to the work site is prohibited.

7.1.3 Soil erosion and sediment control measures (including the connection of roofwater downpipes to stormwater drainage lines upon fixing of roof covering) shall be maintained during the development works.

7.1.4 Building and construction materials, plant, equipment and the like shall not to be placed or stored at any time on Council's footpath, roadway or any public place.

7.2 Nuisance Control

7.2.1 Any objectionable noise, dust, concussion, vibration or other emission from the development works shall not exceed the limit prescribed in the Protection of the Environment Operations Act 1997.

7.2.2 The hours of any offensive noise-generating development works shall be limited to between 7 am to 6 pm, Mondays to Friday; 8 am to 1 pm, Saturdays; and no such work to be undertaken at any time on Sundays or public holidays.

7.3 Construction Inspections

7.3.1 The person having the benefit of this consent is required to notify the Principal Contractor for the building construction project that various mandatory and critical stage inspections must be conducted by an accredited certifier, and may include inspections (where applicable):

(a) After excavation for, and prior to placement of, any footings; and

(b) Prior to pouring any in-situ reinforced concrete building element; and

(c) Prior to the covering of the framework for any floor, wall roof or other building element, and prior to covering waterproofing in any wet areas; and

(d) Prior to covering waterproofing in any wet areas (but for a minimum of 10% of rooms with wet areas in any class 2,3 or 4 building); and

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(e) Prior to covering any stormwater drainage connections; and

(f) After the building work has been completed and prior to any Occupation Certificate being issued in relation to the building.

The critical stage inspection “(f)” must be carried out by the Principal Certifier.

Any inspection conducted by an accredited other than the nominated PC for the project must be verified by way of a Compliance Certificate issued for the relevant works.

Note: Failure to ensure the relevant inspections are conducted will preclude the issue of an Occupation Certificate.

7.4 Building Code of Australia Compliance

7.4.1 All building work shall be carried out in accordance with the provisions of the Building Code of Australia.

7.5 Waste Control

7.5.1 The waste material sorting, storage and re-use requirements of the approved Waste Management Plan and Council's Site Waste Management and Minimisation Development Control Plan shall be implemented during the course of development works.

8 DURING CONSTRUCTION (GENERAL)

8.1 Environmental Management

8.1.1 Any asbestos material is to be handled and treated in accordance with the WorkCover document “Your Guide to Working With Asbestos - Safety guidelines and requirements for work involving asbestos” dated March 2008.

8.2 European Heritage

8.2.1 If, during the course of construction, the applicant or persons acting on this consent become aware of any previously unidentified heritage object(s), all work likely to affect the object(s) shall cease immediately and Heritage NSW (Department of Premier and Cabinet) shall be notified immediately in accordance with section 146 of the Heritage Act 1977. Relevant works shall not recommence until written authorisation from Heritage NSW (Department of Premier and Cabinet) is issued.

8.3 Aboriginal Heritage

8.3.1 If, during the course of construction, the applicant or persons acting on this consent become aware of any previously unidentified Aboriginal object(s), all work likely to affect the object(s) shall cease immediately and Heritage NSW (Department of Premier and Cabinet) informed in accordance with Section 89A of the National Parks and Wildlife Act 1974. Relevant works shall not recommence until written authorisation from Heritage NSW (Department of Premier and Cabinet) and an Impact Permit is received by the Applicant. In addition, a member of each of the Western Sydney Aboriginal Stakeholder Groups is to be contacted.

8.4 Street Tree Planting and Landscaping

8.4.1 Landscape works, being vine planting and street tree planting are to be undertaken in accordance with the amended landscape plan referenced in condition 3.3, to provide for improved visual amenity for the streetscape in relation to the telecommunications facility. The vine planting on the chain wire fence of the compound is to use endemic species.

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8.5 Tree Removal and Protection and Tree Bonds

8.5.1 Council’s Arboricultural section agrees to the removal of Trees 1, 2, 3, 4, 5, 10, 11, 12, 17 and 18 as indicated in the Arboricultural Impact Assessment (AIA) by Eco Logical Australia Pty Ltd, dated 23 April 2021. They are located within the site in a position where they cannot be retained due to the proposed infrastructure and bulk earthworks, or where encroachment will have an adverse impact on the roots and crown for viability and stability, or they are in poor condition and/or health.

8.5.2 The remaining trees indicated in the Arboricultural Impact Assessment Report by Eco Logical Australia Pty Ltd, dated 23 April 2021 are to be retained in situ and are to be protected as detailed in section 4 of the Aboricultural Impact Assessment. Tree protection measures are also to be implemented in line with Australian Standard AS: 4970-2009 ‘Protection of Trees on Development Sites’, and installed prior to construction commencing.

8.5.3 Trees 6, 7, 8, 9, 13 and 16 are required to have a monetary tree preservation bond placed on them. These trees’ Structural Root Zone encroach into the construction area, and special attention for their preservation should be afforded to them. The Applicant who has benefit of the development is to pay a tree preservation bond per tree, as per Council’s Goods and Services Pricing Schedule, to ensure the retention and protection in line with AS: 4970-2009 ‘Protection of Trees on Development Sites’.

8.5.4 The bond amount will be returned 12 months following the issue of the final occupation certificate following the submission of the final report by the Applicant’s Project Arborist indicating the trees are in good health, and this is confirmed following an inspection by an authorised officer from Council’s Tree Management section.

8.5.5 Two inspection fees as per Council’s Goods and Services Pricing Schedule will be applicable for the authorised officer to inspect the tree protection measures implemented prior to construction commencing, and following a request for the return of the tree preservation bond as noted above.

9 PRIOR TO OCCUPATION CERTIFICATE

9.1 Compliance with Conditions

9.1.1 An Occupation Certificate shall not be issued until such time as all conditions of this consent, other than “Operational” conditions, have been satisfied. The use or occupation of the development prior to compliance with all conditions of consent, other than “Operational” conditions, may render the applicant/developer liable to legal proceedings.

9.1.2 Prior to occupation/use of a new building, it is necessary to obtain an Occupation Certificate from the Principal Certifier in accordance with the provisions of section 6.9 of the Environmental Planning & Assessment Act 1979.

9.2 Temporary Facilities Removal

9.2.1 Any temporary toilet facilities provided during construction works shall be appropriately dismantled, disconnected and removed from the land.

9.2.2 Any temporary soil erosion control measure installed during development works shall be removed and other permanent measures required by Council’s Soil Erosion Control Policy shall be provided.

9.2.3 Any temporary builder’s sign or other site information sign shall be removed from the

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land.

9.2.4 Any hoarding or similar barrier erected to protect a public place shall be removed from the land and/or public place.

9.2.5 Any temporary site access provided for the purpose of development works shall be removed and the kerb and gutter and/or previous roadworks reinstated in a manner satisfactory to Council. Should the reinstatement involve the provision of a new vehicular crossing, layback, kerb and gutter or road shoulder works the separate approval of Council's Maintenance Section shall be obtained (and any appropriate fees paid) prior to such works commencing.

9.3 Environmental Health Requirements

9.3.1 Certification must be provided by a qualified acoustic engineer that all work associated with the installation of the acoustic measures and noise attenuation has been completed in accordance with the certified design and to the standard required by this consent.

9.3.2 Confirmation is to be provided that the requirements of condition 5.2 have been carried out to meet the requirements of SEPP (Infrastructure) 2007 for infrastructure for a public mobile phone network.

9.4 Street Tree Planting and Landscaping

9.4.1 The applicant is to undertake street tree planting and vine planting on the chain wire fence of the compound, and maintenance along the frontage of the development site to improve the amenity of the streetscape. Street tree planting must be approved before an Occupation Certificate is issued.

9.5 Street Tree Bonds and Inspection Fees

9.5.1 The applicant will be required to pay a bond per street tree as indicated in Council’s Goods and Services Pricing Schedule to ensure the health and vigour of the street tree(s). The bond will be returned 12 months after the completion of the development (i.e. on issue of final occupation/subdivision certificate) to Council if the street trees are maturing satisfactorily. The applicant is responsible for notifying Council when the works are completed to request a practical completion inspection and end of street tree bond maintenance inspection.

9.5.2 The applicant will also be required to pay an inspection fee and a landscaping assessment fee as indicated in Council’s Goods and Services Pricing Schedule. A Blacktown City representative will inspect all street trees and landscaping during the establishment period (i.e. between the practical date of completion and formal handover). Elements deemed to not be adequately performing are to be removed, substituted or repaired by the developer within 60 days of written notification.

9.5.3 Prior to the issue of any Occupation Certificate, all required street tree planting and payments of bonds are to be completed to the satisfaction of Council’s Project Officer, Civil and Open Space Infrastructure.

9.6 Tree Protection Requirements

9.6.1 Upon the completion of the development works, a final assessment of the trees that are being retained shall be undertaken by the Consulting Arborist, and future recommended management strategies implemented as required. The final

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assessment report is to be presented to Council to provide advice on the retained trees’ health to make determination of any Bond return to the applicant.

9.6.2 The bond amount will be returned 12 months following the issue of the final occupation certificate following the submission of the final report by the Applicant’s Consulting Arborist indicating the trees are in good health, and this is confirmed following an inspection by an authorised officer from Council’s Tree Management section.

9.6.3 Two inspection fees as per Council’s Goods and Services Pricing Schedule will be applicable for the authorised officer to inspect the tree protection measures implemented prior to construction commencing, and also following a request for the return of the tree preservation bond, as noted above.

9.7 Surrender of Consent for Telco Facility 129 Cudgegong Road, Rouse Hill

9.7.1 Prior to the issue of the occupation certificate for the new tower, Axicom Pty Ltd is to surrender the DA consent for the telecommunications facility at 129 Cudgegong Road, Rouse Hill.

9.7.2 Evidence is to also be provided to Council that the monopole is no longer operational.

9.7.3 The old tower and equipment shelter is to be dismantled within 7 days of the issue of the occupation certificate for the new tower.

10 OPERATIONAL (PLANNING)

10.1 Access/Parking

10.1.1 All loading and unloading operations shall take place at all times wholly within the confines of the land.

10.1.2 Any site access provided for the purpose of maintenance of the development is to be via the double-gates within the fenced compound at the front of the site.

10.2 Specific Uses

10.2.1 The development shall not be used or converted for use for any purpose other than that:

(a) Granted consent by Council’s Notice of Determination.

10.3 ARPANSA and ACMA Requirements

10.3.1 Compliance with the Radiation Protection Standard for Maximum Exposure Levels to Radiofrequency fields - 3kHz to 300kHz (RPS 3 -2002) is to be maintained as mandated by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA).

10.3.2 Compliance with the structural requirements of the relevant Australian Standards and the requirements of the Australian Communications and Media Authority (ACMA) guide "Accessing and Installing Telecommunications Facilities -A Guide, October 1999" is to be maintained.

10.3.3 The development is to be designed, installed and operated so that the maximum human exposure levels to radio frequency emissions comply with the Radiation Protection Standard. If the development is used in future for a co-location purpose, the resultant cumulative levels of radio frequency emissions of the co-located telecommunications facilities are to be within the maximum human exposure levels set out in the Radiation Protection Standard.

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10.4 General

10.4.1 If artificial lighting is proposed, full details are to be submitted indicating the manner in which adjoining properties are to be protected.

10.4.2 Any nuisance created by the use of any aerial or transmitting or receiving equipment associated with the development shall be addressed to the satisfaction of the Australian Communications and Media Authority.

10.4.3 No goods, materials or trade wastes are to be stored at any time outside the building, landscaping or footpath, other than in approved garbage receptacles.

10.4.4 No maintenance is to be undertaken on the facility outside of the following: the hours of any offensive noise-generating development works shall be limited to between 7 am to 6 pm, Mondays to Friday; 8 am to 1 pm, Saturdays; and no such work to be undertaken at any time on Sundays or public holidays.

10.4.5 No nuisance or interference with the amenity of the area shall be created by reason of any process or operation on the land causing the emission of noise, dust, smoke or any polluted discharge whatsoever. Note: The Protection of the Environment Operations Act 1997 requires Council to investigate complaints where only one person complains.

10.4.6 The maintenance protocol is to be followed at all times.

10.4.7 Prior to issue of occupation certificate, the applicant is to submit to the principal certifying authority a certificate from a structural engineer stating that the structure has been erected/installed in accordance with the engineer’s details.

10.5 Civil and Open Space Maintenance – Street Trees

10.5.1 The applicant is to maintain the street trees being 8 Flindersia australis trees and 10 Angophora floribunda trees for a 12 month establishment period, to the satisfaction of Council’s Project Officer, Open Space Maintenance.

11 OPERATIONAL (ENVIRONMENTAL HEALTH)

11.1 Environmental Management

11.1.1 Any activity carried out in accordance with this approval shall not give rise to air pollution (including odour), offensive noise or pollution of land and/or water as defined by the Protection of the Environment Operations Act 1997.

11.1.2 All waste generated on the site is to be stored, handled and disposed of in such a manner as to not create air pollution (including odour), offensive noise or pollution of land and/or water as defined by the Protection of the Environment Operations Act 1997.

11.1.3 In accordance with the requirements of Part 5.7 Protection of the Environment Operations Act 1997, Council is to be informed of any pollution incident that occurs in the course of carrying out the approved activity where material harm to the environment is caused or threatened.

11.1.4 Upon receipt of a justified compliant in relation to noise pollution emanating from the premises, an acoustic assessment is to be carried out in accordance with the requirements of the NSW Environmental Protection Authority’s Noise Policy for Industry and provide recommendations to mitigate the emission of offensive noise from the premises. The report shall be prepared by an appropriately qualified acoustic consultant with suitable technical qualifications and experience, consistent with the

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technical eligibility criteria for membership to the Association of Australian Acoustical Consultants (AAAC) or the Australian Acoustical Society (AAS) and shall be submitted to Council for consideration.