Ordinary Meeting of Council 4 November 2015 3.10 Ward: PROPOSED TELECOMMUNICATIONS TOWER - LOT 3001 (NO.173) MULGUL RD, MALAGA (DA595-15) (Ballajura Ward) (Statutory Planning) Disclosure of Interest: Nil Authorised Officer: (Executive Manager Planning and Development) KEY ISSUES • The application proposes the installation of a new telecommunication monopole, equipment shelter at ground level, installation of ancillary equipment, cabling, access and safety facilities at Lot 3001 (No.173) Mulgul Drive, Malaga. • The property is zoned ‘Industrial’ under the Metropolitan Region Scheme (MRS) and ‘General Industrial’ under the City’s Local Planning No.17 (LPS17). • The 25m tall pole is proposed to replace an existing 40m tall lattice tower located on land owned by Main Roads WA at Lot 299 Victoria Road which is within the reservation required for the future North Link construction. • The application was advertised for a period of 14 days to landowners within 200m of the subject site. A total of 6 submissions were received of which 5 objected to the proposal and 1 cited no objection. • The submissions received primarily raised concern with potential health impacts and the potential impact on the visual amenity. • The application is consistent with Council’s Policy on Telecommunications Infrastructure and State Planning Policy 5.2 in terms of its siting in an industrial zone and mitigation of impact on the building and natural environment and the amenity of the locality. It is recommended that the Council resolve to approve the proposed Telecommunications Infrastructure at Lot 3001 (No.173) Mulgul Road, Malaga. AUTHORITY/DISCRETION Council has discretion in accordance with Clause 10.3 of Local Planning Scheme No.17 (LPS17) to approve (with or without conditions) or refuse the application. If the applicant is aggrieved with the decision of Council, a right of appeal may exist in accordance with Part 3 of the State Administrative Tribunal Act and Part 14 of the Planning and Development Act 2005. Page 1 Ordinary Meeting of Council 4 November 2015 BACKGROUND Applicant: Owner: Zoning: LPS17 MRS Strategy/Policy: Development Scheme: Existing Land Use: Lot Size: Use Class: Metasite Pty Ltd on behalf of Telstra Corporation Ltd Venetian Nominees Pty Ltd (Maddeliene Caratti, Aaron Grant Caratti and John Michael Caratti) General Industrial Industrial WAPC State Planning Policy SPP 5.2 – Telecommunications Infrastructure POL-C-059 - Telecommunication (Mobile Phone) Facilities Local Planning Scheme No.17 Factory/Office 6625m2 Telecommunications Facility 'D' DETAILS OF THE PROPOSAL The new 25m tall telecommunications monopole and new fenced compound area on Lot 3001 (No.173) Mulgul Road, Malaga is proposed to replace an existing 40m tall lattice tower located on land owned by Main Roads at Lot 299 Victoria Road. This land is part of the reservation required for the future North Link construction. The new facility will consist of: • one 25m tall monopole with attached headframe; • six panel antennas mounted on a triangular headframe with six remote radio units; • ancillary equipment associated with the operation of the facility including cable trays and cabling; • one equipment shelter at the base of the monopole; and • safety facilities. DESCRIPTION OF SITE The site is located on the northern side of Mulgul Road on the corner of Mulgul Road and Resource Way. The lot is 6,625m2 and is currently occupied by a large building (used as a factory) in the north east corner of the site with the western side of the property used for storage of equipment associated with the proposal. The proposed monopole location is currently unoccupied Surrounding the subject lot are other industrial uses predominantly large factory buildings. Page 2 Ordinary Meeting of Council 4 November 2015 SITE HISTORY/PREVIOUS APPROVALS 2005 – Factory building approved APPLICANT'S SUBMISSION "The telecommunications facility is necessary as a replacement site to the existing Telstra facility at Lot 299 Victoria Rd, Malaga. The replacement site is needed to ensure the continuity of coverage to satisfy customer demand for voice coverage and data technology (2G, 3G & 4G mobile and wireless broadband coverage) in the Beechboro and Malaga area of Perth. This position was selected for several reasons: it would require no clearing of vegetation, achieves reasonable separation distance to residential dwellings in the surrounding area, will achieve the desired coverage objectives of Telstra, and finally, as the proposal is to replace an existing nearby lattice tower with a new monopole any new visual impacts will be limited. In relation to public safety and specifically Electromagnetic Emissions (EME) and public health, Telstra operates within the operational standards set by the Australian Communication and Media Authority (ACMA) and Australian Radiation Protection and Nuclear Safety Agency (ARPANSA). ARPANSA is a Federal Government agency incorporated under the Health and Ageing portfolio and is charged with the responsibility for protecting the health and safety of both people and the environment from the harmful effects of radiation (ionising and non-ionising). All Telstra installations are designed and certified by qualified professionals in accordance with all relevant Australian Standards. This ensures that the Telstra facility does not result in any increase in the level of risk to the public. This facility is to be operated in compliance with the ACMA mandatory standard for human exposure to EME - currently the Radio communications (Electromagnetic Radiation Human Exposure) Standard 2003. Moreover, all Telstra equipment has the following features which minimise the amounts of energy used and emitted: • Dynamic/ Adaptive Power Control is a network feature that automatically adjusts the power and hence minimises EME from both the base station and the handset; • Adjustment of the number of transmitters in use to meet the active telephone traffic minimises EME from the network; • Varying the base station's transmit power to the minimal required level, minimising EME from the network; and • Discontinuous transmission is a feature that reduces EME emissions by automatically switching the transmitter off when no speech or data is being sent." Page 3 Ordinary Meeting of Council 4 November 2015 PUBLIC CONSULTATION In accordance with the City’s POL-C-059 Telecommunication (Mobile Phone) Facilities Policy the application was advertised to landowners within 200m of the subject lot. At the close of advertising 6 submissions were received, of which 5 objected to the proposal and 1 letter cited no objection. The submissions primarily raised concern with potential health impacts and amenity issues. The concerns raised are addressed in the ‘details’ section of the report. DETAILS The subject lot is zoned ‘Industrial’ under the MRS and ‘General Industrial’ under the City’s LPS17. The proposed use is classified as ‘Telecommunications Infrastructure’ which is a discretionary 'D' use in the zone. Local Planning Scheme No.17 City of Swan Policy Pol-C-059 Telecommunications (Mobile Phone) Facilities The application has been considered in relation to the requirements of Clause 5.8 of the City’s Scheme Telecommunications Infrastructure which outlines the following objectives: (a) To encourage co-location as a means of preventing unnecessary proliferation and duplication of such infrastructure; The applicant has included a report in their submission outlining a number of sites that were identified for the installation of the infrastructure. This included potential for co-location of the infrastructure on existing monopoles in the area. Unfortunately the existing services in the area could not accommodate the infrastructure of this service and a new pole is required. The 25m pole is proposed to replace an existing 40m lattice tower located on land owned by Main Roads WA at Lot 299 Victoria Road which is within the reservation required for the future North Link construction. As the facility is being developed to replace an existing facility it is necessary to locate the replacement facility close to the original facility to ensure that the coverage in the area is not significantly affected. The design of the monopole will enable future upgrades and reduce the need for additional monopoles or towers in the future in the nearby area. (b) To minimise the visual impact of such infrastructure on the surrounding locality; The City has prepared POL-C-059 Telecommunications (Mobile Phone) Facilities policy to guide the assessment of these facilities. The policy outlines objectives for minimising the visual impact on the built and natural environment. These are outlined as follows: - Facilities to be constructed as a slimline monopole, with capacity for at least three carriers and with flush mounted equipment; - Avoidance of locations within heritage places; Page 4 Ordinary Meeting of Council 4 November 2015 - Presumption against location in a zone where residential development is the primary intent; and - Setback a minimum of 200 metres from any dwelling or residential zoned land. The proposed infrastructure is a 25m high monopole which replaces the existing 40m lattice tower. The top of the pole will have a 3m triangular headframe, which has been designed so that other carriers or upgraded facilities can be attached in the future. The lot is zoned 'General Industrial' and is located more than 200m away from any Residential zoned land. While it is proposed to locate this structure within the front setback of the lot which is considered to have minimal impact, it is not possible to locate the pole at the rear of the site as 24hour secure access is required to be available. When viewed from the street all that will be visible at pedestrian and vehicle level is the pole; the panels will be located at the top of the pole 25m above the ground. The pole will be fenced with 2.4m high security fencing which will blend with existing fencing in the area. The surrounding landscape is characterised by industrial buildings that are generally between 5m-8m in height and constructed of tilt-up concrete panelling, therefore the monopole is not considered to be out of character with the existing environment. WAPC State Planning Policy SPP5.2 – Telecommunications Infrastructure SPP5.2 acknowledges the importance of providing telecommunication services to the community through the rollout of new networks but seeks for these to be developed in a manner that minimises the visual impact within the locality. The monopole will provide high quality 2G, 3G and 4G mobile and wireless broadband service which will ensure continuity and also provide voice coverage. The installation will address a number of identified issues relating to mobile coverage, network capacity and the quality of mobile telephone calls. The SPP encourages the location of infrastructure to minimise the visual impact by avoiding lookouts, detracting from significant view of a heritage item, place or landscape and not located on sites with environmental, cultural heritage or social and visual landscape values. As outlined above the monopole is to be located within an industrial area and is considered commensurate with the amenity prevailing therein. Health Impact Submissions received raised concern about future health issues associated with the exposure to electromagnetic emissions. The City’s policy acknowledges the investigations and findings of Commonwealth government agencies that telecommunications infrastructure such as that which is proposed do not emit levels of electromagnetic energy recognised as being harmful to human health. A recent report (March 2014) prepared by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) Radiofrequency Expert Panel on the Review of Radiofrequency Health Effects Research – Scientific Literature 2000-2012 concludes that the underlying basis of the ARPANSA RF Exposure Standard remains sound and that the exposure limits in the Standard continue to provide a high degree of protection against known health effects of RF electromagnetic fields. Measurement surveys by ARPANSA demonstrate that environmental radiofrequency levels near base stations for the mobile telephone network are extremely low. Page 5 Ordinary Meeting of Council 4 November 2015 The City’s policy is consistent with State Policy in acknowledging that unsubstantiated concerns for public health cannot form the basis for refusal of applications for telecommunications facilities. OPTIONS AND IMPLICATIONS Option 1: Council may resolve to grant approval for the Telecommunications Infrastructure (installation of a new telecommunication monopole, equipment shelter at ground level and installation of ancillary equipment, cabling, access and safety facilities) at Lot 3001 (No.173) Mulgul Road, Malaga subject to conditions. Implications: The development can proceed. This is the recommended option. Option 2: The Council may resolve to refuse the proposed Telecommunications Infrastructure (installation of a new telecommunication monopole, equipment shelter at ground level and installation of ancillary equipment, cabling, access and safety facilities) at Lot 3001 (No.173) Mulgul Road, Malaga for the following reasons: 1. The telecommunications infrastructure proposed will have an adverse impact on the visual amenity of the locality. 2. The telecommunications infrastructure proposed may have potential health issues associated with exposure to electronic emissions. Implications: The applicant will have a right of Review by the State Administrative Tribunal. This is not the recommended option. CONCLUSION The application proposes installation of a new telecommunication monopole, equipment shelter at ground level, installation of ancillary equipment, cabling, access and safety facilities at Lot 3001 (No.173) Mulgul Drive, Malaga. The 25m tall monopole is proposed to replace an existing 40m lattice tower located in land owned by Main Roads at Lot 299 Victoria Road which is within the reservation required for the future North Link construction. The application was advertised for a period of 14 days to landowners within 200m of the subject site. A total of 6 submissions were received of which 5 objected to the proposal and one was a letter citing no objection. The application is consistent with Council’s Policy on Telecommunications Infrastructure and State Planning Policy 5.2 in terms of its siting in an industrial zone and its impact on the building and natural environment and the amenity of the locality. Page 6 Ordinary Meeting of Council 4 November 2015 ATTACHMENTS Location map Image of current tower Site layout plan Antenna layout Elevation STRATEGIC IMPLICATIONS Nil STATUTORY IMPLICATIONS Local Planning Scheme No.17 FINANCIAL IMPLICATIONS Nil VOTING REQUIREMENTS Simple majority Page 7 Ordinary Meeting of Council 4 November 2015 RECOMMENDATION That the Council resolve to: 1) Grant approval for the proposed Telecommunications Infrastructure (installation of a new telecommunication monopole, equipment shelter at ground level and installation of ancillary equipment, cabling, access and safety facilities) at Lot 3001 (No.173) Mulgul Road, Malaga subject to the following conditions: 1. This approval is for “Telecommunications Infrastructure” (installation of a new 25m monopole, equipment shelter, fenced compound area and ancillary equipment) as defined in the City’s Local Planning Scheme No.17 and the subject land may not be used for any other use without the prior approval of the City. 2. The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant's expense. 3. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City. ADVICE NOTES: Standard advice notes apply. 2) Advise the applicant/owner of the resolution of Council and relevant advice notes pertaining to the approval. 3) Advise those that lodged a submission of the Council's decision. CARRIED Page 8 Ordinary Meeting of Council 4 November 2015 Page 9 Ordinary Meeting of Council 4 November 2015 Page 10 Ordinary Meeting of Council 4 November 2015 Page 11 Ordinary Meeting of Council 4 November 2015 Page 12 Ordinary Meeting of Council 4 November 2015 Page 13
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