Ordinary Meeting of Council
24 May 2011
Page 243
INSTALLATION OF A 20 METRE MONOPOLE, THREE PANEL ANTENNA,
EQUIPMENT SHELTER AND ASSOCIATED ANCILLARY SAFETY EQUIPMENT
(F6 FREEWAY - ROAD RESERVE AT JUNCTION OF ROBSONS ROAD & MT KEIRA
ROAD, WEST WOLLONGONG) - IHAP REPORT
Report of Manager City Planning (MR) 10/05/11
RD-2009/1524/A
PRECIS
On 7 March 2011, the Independent Hearing and Assessment Panel (IHAP) considered an
application to review Council’s previous refusal of a 20 metre high telecommunications monopole
and associated equipment shelter in accordance with clause 1.8 of the IHAP Charter. The IHAP
recommended that the application be approved subject to conditions of consent.
The application is required to be reported to Council in accordance with point three of clause 9.2 of
the IHAP charter adopted by Council on 27 April 2011 as the recommendation of the Council
Officer and IHAP are inconsistent. In view of this an independent external review of the refusal
and IHAP recommendations was also undertaken. The independent review provided by Planning
Ingenuity found that Council had properly assessed the application however, concurred with the
IHAP recommendation to approve the application subject to appropriate conditions at
Attachment 3.
RECOMMENDATION
Council grant Development Consent to RD-2009/1524/A subject to conditions contained in
Attachment 3.
BACKGROUND
The proposal was referred to IHAP on 7 March 2011 pursuant to clause 1.8 as the original
application was refused and the review of determination was also recommended for refusal. At this
meeting IHAP was presented with additional information by the applicant including further design
details, and landscaping and Electro-Magnetic Energy (EME) considerations. IHAP proceeded to
recommend approval subject to conditions (see below).
It is noted that potential health impacts have been carefully assessed and the facility is fully
compliant with relevant standards concerning EME emissions. Compliance with the Radiation
Protection standard affectively eliminates health concerns being used as a reason for refusal of the
DA. This is linked to Planning Principles established in the Land & Environment Court of New
South Wales.
The maximum post development cumulative EME level estimated for 9 specific nominated areas
near the proposed monopole is less than 1% of ARPANSA exposure limits (See Attachment 2).
The application was subsequently independently reviewed by an external planning consultant,
Planning Ingenuity, which concurred with the IHAP recommendation to approve the application
subject to appropriate additional conditions (see below).
On 15 March 2011 the proponent lodged an appeal in the land and Environment Court against
Council’s refusal of the application on 22 March 2010. This appeal has the effect of allowing
Council to proceed to determine the application under Section 82A of the EP&A Act 1979, the
period for this determination would otherwise have lapsed on 22 March 2011.
Wollongong City Council
ITEM 19
REF: CM80/11
Ordinary Meeting of Council
Page 244
24 May 2011
PROPOSAL
ITEM 19
The proposal is a review of determination of the refusal of a 25m high telecommunications facility
and associated equipment shelter. The review proposes a 20m high telecommunications tower and
associated equipment shelter.
ASSESSMENT
IHAP Recommendations 7 March 2011
On 7 March 2011, the IHAP viewed the site and considered the submissions made. The IHAP
having the benefit of additional information and proposed amendments offered by the applicant,
considered that on balance the proposal was acceptable subject to suitable conditions to the
satisfaction of Council. The highlighted changes identified by the applicant to IHAP were:
1
2
3
4
5
The height of the pole has been reduced from 25 to 20 metres.
A ‘slim line’ design pole is now proposed.
The number of antennas has been reduced.
Landscaping is now proposed following consultation with Council staff.
Telstra has now offered to undertake testing of EME levels upon commissioning the facility
at a sample of locations to Council’s satisfaction.
Panel recommendation
The application be approved subject to suitable conditions being imposed by Council including the requirement for
testing of EME levels as mentioned in ‘5’ above.
Council Response
Conditions have been amended to reflect the IHAP recommendations (Attachment 3). This
includes Condition 3 which requires post validation testing at sensitive locations. Plan references
have been amended to reflect the amended design details confirming height and slim line antenna
configuration. Condition 7 reflects landscape requirements at base of pole and equipment shelter.
Consultants Report 7 March 2011
The consultant was requested to review the primary application documentation and in particular the
IHAP recommendations, and Council officer’s assessment report and recommendations and
additional information submitted at IHAP. The report considered the above under the following
heads of consideration: height of the structure, quality of design, visual impact, impacts on area
including streetscape and amenity, undesirable precedent effect and alternative siting of the facility
(see Attachment 6).
In summary the consultant considered that the procedures followed by the Council in processing of
the application were appropriate and in accordance with all relevant statutes. However, the
consultant comes to a different conclusion to the Council officer in relation to the critical aspects of
the development as outlined above. The consultant believes that the proposed facility will not result
in any significant impacts on the site or locality and is worthy of support subject to additional
conditions of consent.
Consultant’s recommendation
Accordingly, we recommend that the application is worthy of support subject to conditions that address the following
matters:
• Colour scheme of the monopole (to be Colourbond “ironstone”)
• Detailed landscape plan to provide better screening to the base station be submitted prior to issue of a
construction certificate; and
• Post-construction testing of EME levels be undertaken at sensitive locations in the vicinity of the site.
Wollongong City Council
Ordinary Meeting of Council
24 May 2011
Page 245
CONSULTATION AND COMMUNICATION
The original application received 21 submissions apposing the development. The review of
determination application was notified in accordance with the original application to properties
within 300m of the site and also in the local Advertiser and received 17 submissions objecting to the
proposal.
PLANNING AND POLICY IMPACT
The site was zoned 5 Special Uses (Main Roads) pursuant to Wollongong Local Environmental Plan
(WLEP) 1990. The proposal is categorised as a utility installation under this plan and is permissible
with consent in the zone. Wollongong Local Environmental Plan 2009 was in draft form at the time
of lodgement and proposed to zone the site R2 Low Density Residential. The proposal is
categorised as a telecommunications facility pursuant to this plan and is not a permissible use in the
zone. However, State Environmental Planning Policy (SEPP) (Infrastructure) 2007 also applies to
the development and permits telecommunications facilities in any zone with development consent.
CONCLUSION
The IHAP considered the Council report and additional information from the proponent, and
recommended conditional approval. A subsequent assessment report was also provided by an
independent planning consultant, which also recommended approval. Despite the original refusal
recommended by the Council Officer, the application is now considered to be worthy of support
subject to amended conditions of consent (Attachment 3). The overall height and visual impact of
the proposal is now considered to be acceptable, and post validation testing of EME will be
undertaken at sensitive locations to ensure compliance with Australian Standards.
Name
Author:
Mark Riordan
Position Title
Manager City Planning
Authorised by:
Andrew Carfield
Director Planning & Environment
David Farmer
General Manager
ATTACHMENTS
1.
2.
3.
4.
5.
6.
7.
Recommendations of the IHAP 7 March 2011
Officers Report to IHAP 7 March 2011
Draft Conditions of Consent
Aerial Photograph
Zoning Map
Planning Ingenuity Report
Plans
Wollongong City Council
ITEM 19
Council Response
These conditions are considered appropriate and have now been included in the proposed
conditions of consent (see conditions 3, 7 and 8 of Attachment 3).
Page 246
ATTACHMENT 1 - Recommendations of the IHAP 7 March 2011
IHAP No.
Item 4
DA No.
RD-2009/1524/A
Proposal
Installation of a 25 metre monopole, six panel antenna, equipment shelter and associated ancillary
safety equipment
(F6 Freeway - Road Reserve at Junction of Robsons Road & Mt Keira Road, West Wollongong)
Property
F6 Freeway, West Wollongong
Lot 48 DP 1054557
Owner
Roads & Traffic Authority
Applicant
Telstra Corporation Limited
Panel
Robert Montgomery (Chair), David Crofts and Nicholas Skelton (Independent), Bernard Hibbard
(Community Representative)
Staff in
Attendance
Mark Riordan (Manager City Planning), Pier Panozzo (City Centre Manager), John Wood (Acting City
Wide Manager), Lauren Wilson (IHAP Coordinator)
Pecuniary Interest
None of the Panel members had any pecuniary interests relating to this matter.
Panel Commentary:
The Panel inspected the site and surrounds.
The Panel was addressed by two local residents who raised the following issues:
●
●
●
concern that insufficient substantiation has been provided for the need for facility;
concern that insufficient alternative sites were considered;
health concerns due to proximity to school and residential area.
The applicants representatives addressed the Panel and highlighted changes made since the
application was refused, that is:
1
The height of the pole has been reduced from 25 to 20 metres.
2
A ‘slim line’ design pole is now proposed.
3
The number of antennas has been reduced.
4
Landscaping is now proposed following consultation with Council staff.
5
Telstra has now offered to undertake testing of EME levels upon commissioning the
facility at a sample of locations to Council’s satisfaction.
Having viewed the site and considered the submissions made and also having the benefit of the
proposed amendments offered by the applicant, the Panel considers that on balance the proposal
is now acceptable subject to suitable conditions.
Wollongong City Council
ATTACHMENT 1 - Recommendations of the IHAP 7 March 2011
Page 247
Recommendations
The application be approved subject to suitable conditions being imposed by Council including
the requirement for testing of EME levels as mentioned in ‘5’ above.
Voting
The voting in respect of this matter was 4/0.
Wollongong City Council
Page 248
ATTACHMENT 2 - Officers Report to IHAP 7 March 2011
IHAP No.
Item No. 4
DA No.
RD-2009/1524/A
Proposal
Installation of a 25 metre monopole, six panel antenna, equipment shelter and
associated ancillary safety equipment v(F6 Freeway - Road Reserve at Junction of
Robsons Road & Mt Keira Road, West Wollongong)
Property
Lot 48 DP 1054557, Lot 48 F6 Freeway, WEST WOLLONGONG NSW 2500
Applicant
CPS Global
Responsible Team
City Planning East Team
EXECUTIVE SUMMARY
Reason for consideration by Independent Hearing and Assessment Panel
The proposal has been referred to IHAP pursuant to clause 1.8 as the original application was refused
and the review of determination is also recommended for refusal.
Proposal
The proposal is a review of determination of the refusal of a 25m high telecommunications facility and
associated equipment shelter. The review proposes a 20m high telecommunications tower and associated
equipment shelter.
Permissibility
When the original application was lodged the site was zoned 5(c) Special Uses (Main Roads) pursuant to
Wollongong Local Environmental Plan (WLEP) 1990. The proposal is categorised as a utility installation
under this plan and is permissible with consent in the zone. Wollongong Local Environmental Plan 2009
was in draft form at the time of lodgement and proposed to zone the site R2 Low Density Residential.
The proposal is categorised as a telecommunications facility pursuant to this plan and is not a permissible use
in the zone. However, State Environmental Planning Policy (SEPP) (Infrastructure) 2007 also applies to
the development and permits telecommunications facilities in any zone with development consent.
Consultation
The original application received 21 submissions apposing the development. The review of determination
application was notified in accordance with the original application to properties within 300m of the site
and also in the local Advertiser and received 17 submissions objecting to the proposal. The original and
new submissions generally relate to visual impact, health risks and inappropriateness of the site with
regards to nearby community sensitive sites (e.g. schools, child care centres etc). These matters are
discussed at section 2.9 of the assessment report.
The application was also reviewed by Council’s Environment Officer and Landscape Architect, both of
which did not object to the proposal.
Main Issues
The main concern is that the proposal is inappropriate with regards to the context and setting, specifically
in relation to the height and proximity to community sensitive locations.
RECOMMENDATION
It is recommended that the application be refused.
Wollongong City Council
ATTACHMENT 2 - Officers Report to IHAP 7 March 2011
Page 249
1. ASSESSMENT REPORT
1.1 SUMMARY
The review of determination application has been lodged following refusal of the original application on
22 March 2010. The original reasons for refusal are outlined in section 1.3 of this report. The current
application was notified in accordance with Council Policy and received 17 objections, largely relating to
the visual impact and suitability of the site with regards to nearby residences, schools and child care
facilities. These matters are discussed at section 2.9 of this report.
The review of determination has amended the proposal to address the matters raised in the refusal notice
through reducing the height and bulk of the facility. Despite the alterations, it is considered that the
proposed facility is not suitable with regards to the context and setting, particularly in respect of the
height with regards to the proposed 9m height limit in WLEP 2009 and the low density character of the
locality.
1.2 PLANNING CONTROLS
The following planning controls apply to the development:
•
State Environmental Planning Policies:
− SEPP (Infrastructure) 2007 (telecommunications facilities are permitted on any land with
consent)
− Illawarra REP No. 1 1986 (Deemed SEPP)
•
Local Environmental Planning Policies:
− Wollongong Local Environmental Plan (WLEP) 1990 – The site was zoned 5 (Special Uses) at
the time of assessment and the proposed facility was categorised as a “utility installation” and
was permissible with consent.
− Wollongong Local Environmental Plan (WLEP) 2009 (draft at the time of lodgement) – The
site was proposed to be zoned R2 Low Density Residential at the time of determination of this
application and the proposed use is categorised as a “telecommunications facility” and is not
permissible within the zone.
•
Development Control Plans:
− Wollongong Section 94A Development Contributions Plan 2010
− Development Control Plan No. 6 – Commercial and Industrial Development
− Siting of Telecommunications and Radio communications Facilities Policy
1.3 PROPOSAL
The review of determination has been submitted with some minor amendments including a reduction in
height to 20m, removal of three antennae and reconfiguration of the headframe, as well as additional
landscaping. A comparison of DA-2009/1524 and the current review of determination application are
provided at Table 1 below.
Telstra is proposing the facility to meet the growing demand for mobile telecommunications services and
to improve mobile coverage services in the West Wollongong area and along the F6/Southern Freeway.
Telstra mobile phone networks operate through a series of local cells, each containing antennas which
transmit and receive low powered radio waves to and from mobile phone handsets in the surrounding
areas. Each cell contains a mobile telecommunications facility called a base station. Each base station is
connected to the Telstra network via a series of underground cables and, in some circumstances, point-topoint radio links.
Currently, there are some mobile network problems in and around the West Wollongong area. These
include some areas where Telstra has poor coverage or even no coverage due to the location and
performance of existing sites and the inability of the radio signal to reach inside some buildings and
houses as well as along the Southern Freeway. The proposed facility is intended to provide improved
coverage, capacity and call quality to the area. The proposal would provide for additional wireless
communication services. These additional services include wireless broadband Internet connections for
Wollongong City Council
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ATTACHMENT 2 - Officers Report to IHAP 7 March 2011
use by residential and commercial customers from either fixed locations or fully mobile applications by
utilising the cell handover capabilities available in a cellular network. The proposed facility would result in
enhanced service as well as continuity of service quality for customers who may be travelling from cell-tocell along the Southern Freeway.
Table 1: Comparison of revised and original
DA-2009/1524
RD-2009/1524/A
•
The installation of a 25 metre high monopole;
•
The installation has been reduced to 20 metres
high
•
The installation of three Argus CPX310R
panel antennas 2630mm (H) x 300mm (W) x
110mm (D) at a height of 23.70 metres;
•
The installation of three Argus CNPX3I0R-4P
panel antennas 2630mm (H) x 370mm (W) x
120mm (D) at a height of 20 metres;
•
The installation of three Argus NPX310R
panel antennas 1330mm (H) x 160mm (W) x
120mm (D) at a height of 20.57 metres;
These antennas have been removed
•
The installation of a telecommunications
equipment shelter adjacent to the pole; and
Unchanged
•
The installation of safety equipment and
associated cabling.
Unchanged
DA-2009/1524
Figure 1: Elevations
Wollongong City Council
RD-2009/1524/A
ATTACHMENT 2 - Officers Report to IHAP 7 March 2011
Existing view
Proposed - DA-2009/1524
Page 251
Proposed - RD-2009/1524/A
Figure 2: View south from Robsons Road - photo montage
1.4 SITE DESCRIPTION
The site is located at the intersection of Robsons Road and Mt Keira Road, West Wollongong and the
title reference is Lot 48 DP 1054557. The land is vacant and owned by the RTA. The site is bound by the
F6 Freeway to the east and Robsons Road to the west. It is also bound by Mt. Keira Road to the south
and to the north by a slip road from Robsons Road onto the Southern Freeway. Adjacent to the site to
the north, west and south are residential areas. Immediately to the east is the F6 Freeway and beyond that
more residential areas.
The site itself generally slopes down from the south to the north with an approximate fall of 10m from
the highest to lowest point. The site is vacant with a number of existing trees and small shrubs. There are
a number of power poles on the street frontage.
Council records list the site as being affected by a RTA road widening proposal.
There are no restrictions on the title.
Wollongong City Council
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ATTACHMENT 2 - Officers Report to IHAP 7 March 2011
Figure 3: Aerial photograph
Community sensitive locations are highlighted in green and alternate sites in black.
Wollongong City Council
ATTACHMENT 2 - Officers Report to IHAP 7 March 2011
Page 253
Figure 4: WLEP 1990 zoning map
Wollongong City Council
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ATTACHMENT 2 - Officers Report to IHAP 7 March 2011
Figure 5: WLEP 2009 zoning map
1.5 CONSULTATION
1.5.1. INTERNAL CONSULTATION
Landscaping
Council’s Landscape Architect has reviewed the application and provided a satisfactory referral subject to
appropriate conditions.
Environment
Council’s Environment Officer has reviewed the application with regards to the emissions from the
facility and has raised no objections.
1.5.2. EXTERNAL CONSULTATION
None required
Wollongong City Council
ATTACHMENT 2 - Officers Report to IHAP 7 March 2011
2.
ENVIRONMENTAL PLANNING
SECTION 79C ASSESSMENT
AND
Page 255
ASSESSMENT
ACT
1979
(1) Matters for consideration—general
In determining a development application, a consent authority is to take into consideration such of the
following matters as are of relevance to the development the subject of the development application:
(a) the provisions of:
(i) any environmental planning instrument, and
(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been
notified to the consent authority (unless the Director-General has notified the consent authority that the making
of the proposed instrument has been deferred indefinitely or has not been approved), and
(iii) any development control plan, and
(iiia) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a
developer has offered to enter into under section 93F, and
(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph),
that apply to the land to which the development application relates,(b) the likely impacts of that development,
including environmental impacts on both the natural and built environments, and social and economic impacts in
the locality,
(c) he suitability of the site for the development,
(d) any submissions made in accordance with this Act or the regulations,
(e) the public interest.
These matters are addressed below.
2.2 SECTION 79C 1(A)(I) ANY ENVIRONMENTAL PLANNING INSTRUMENT
2.2.1. STATE ENVIRONMENTAL PLANNING POLICY (INFRASTRUCTURE) 2007
Division 21 of Part 3 relates to Telecommunications and other communication facilities and covers
development permitted without consent, development permitted with consent and exempt development
(including compliance with Clause 20 – general exempt provisions). The proposal is not exempt under
clause 114 as the proponent is not a public authority.
Therefore proposal falls within Clause 115, being development permitted only with consent;
115 Development permitted with consent
(1) Development for the purposes of telecommunications facilities, other than development in
clause 114 or development that is exempt development under clause 20 or 116, may be
carried out by any person with consent on any land.
(2) To the extent that the development under this clause involves the erection of an aerial cable, the erection of the cable
must be consistent with the Cable Networks Code.
(3) 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 Standard Instrument defines telecommunications facility as follows:
telecommunications facility means:
(a) any part of the infrastructure of a telecommunications network, or
(b) any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or to
be used, in or in connection with a telecommunications network.
telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by
means of guided or unguided electromagnetic energy, or both.
Wollongong City Council
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ATTACHMENT 2 - Officers Report to IHAP 7 March 2011
Clause 115 allows for development for the purposes of telecommunications facilities on any land
therefore overriding the prohibition of the development pursuant to WLEP 2009.
2.2.2. ILLAWARRA REGIONAL ENVIRONMENTAL PLAN NO 1 (DEEMED SEPP)
The aim of this plan is to maximise the opportunities for the people of the region and the State to meet
their individual and community economic and social needs with particular reference to the way in which
these needs are related to the allocation, availability, accessibility and management of the region’s land
resources. The proposal is considered to be broadly consistent with the aims of the plan.
Clause 139 of IREP No. 1 requires concurrence from the Director General of the Department of
Planning for buildings at a height greater than 11m. The definition of height under clause 139 of the
IREP was only intended to apply to buildings which have ceilings. This was formally confirmed by the
Department of Planning in correspondence to Council and accordingly, concurrence is not required for
the proposed structure.
2.2.3. WOLLONGONG LOCAL ENVIRONMENT PLAN 1990
The site is ‘Zoned 5(c) Main roads pursuant to WLEP 1990. The following is permissible with consent:
advertisements; car parking; community facilities; such buildings, works, places or land uses specified in the Table to clause
15 as are marked or lettered for the land on the map; utility installations.
The proposal falls within the definition of a ‘utility installation’ and is permissible in this zone with
development consent.
Clause 6 – Definitions
"utility installation" means (a) a building or work used by a public utility undertaking or by a public or private communication
undertaking (excluding buildings designed wholly or principally as administrative or business
premises or as a showroom); or
(b) an accessway, road, conveyor or work for the drainage of water or the damming or filling of a
watercourse; or
(c) a pipeline.
Clause 9 – Zone objectives and development control table
The objective of the zone is as follows:
• The objective of the zone is to cater for the provision of community and public facilities and services.
The proposed facility provides improved telecommunications services to the West Wollongong area and
to people driving along the F6 and is considered to be consistent with the zone objective.
12A Building heights
(1) A person must not, on land described in Column 1 of Schedule 2A, erect a building with a height that exceeds the
height specified opposite the land in Column 2 of that Schedule. For the purpose of this subclause, height means the
distance between the ceiling level of the uppermost floor, measured at the outside wall, and the natural ground level or
finished ground level, whichever is the lower.
(2) A person must not, on land described in Column 1 of Schedule 2B, erect a building with a height that exceeds the
height specified opposite the land in Column 2 of that Schedule. For the purposes of this subclause, height means the
height of the highest point of the building or that part of the building specified in Column 2 of that Schedule as
measured by a Relative Level in metres to Australian Height Datum.
The site is not located in the area specified by Schedule 2B.
Clause 15. Development in Zone No. 5
Development may be carried out only with development consent on land within Zone No. 5, being land specified in Column
1 of the Table to this clause and shown on the map, for the purpose specified opposite that land in Column 2 of that Table.
Wollongong City Council
ATTACHMENT 2 - Officers Report to IHAP 7 March 2011
Page 257
TABLE
Column 1
Column 2
(Special Uses) – lettered “5(a)”, together with the name of The purpose indicated in black lettering on the map.
the Special Use, in black lettering on the map.
(Special Uses) – lettered “5(b)” on the map.
Railways.
(Special Uses) – lettered “5(c)” on the map.
Main roads
The site is nominated as “5(c)” Main Roads. It is considered that this is an additional permitted land use
as outlined in the applicable zoning table above: “land uses specified in the Table to clause 15 as are marked or
lettered for the land on the map”.
2.2.4. WOLLONGONG LOCAL ENVIRONMENTAL PLAN 2009
WLEP 2009 was a draft instrument at the time of lodgement and was adopted on 26 February 2010.
Wollongong LEP 2009 was adopted on 26 February 2010, and was a draft instrument at the time of
lodgement of this development application. Clause 1.8A of WLEP 2009 provides a savings provision in
relation to pending development applications:“If a development application has been made before the commencement of this Plan in relation to land to which this Plan
applies and the application has not finally been determined before that commencement, the application must be determined as
if this Plan had not commenced.”
Accordingly the proposed development has been assessed with regard to WLEP 1990 though
consideration has been given to the provisions of the draft plan in the form it was immediately prior to its
making. The relevant provisions are as follows:
The site is zoned R2 Low Density Residential pursuant to this plan and the proposal is categorised as a
“telecommunications facility’ and is not permissible within the zone. However, telecommunications
facilities are permitted in the zone pursuant to SEPP Infrastructure (2007) as outlined above.
Clause 1.4 – Definitions
telecommunications facility means:
(a) any part of the infrastructure of a telecommunications network, or
(b) any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or
thing used, or to be used, in or in connection with a telecommunications network.
telecommunications network means a system, or series of systems, that carries, or is capable of carrying,
communications by means of guided or unguided electromagnetic energy, or both.
Part 2 Permitted or prohibited development
Clause 2.3 – Zone objectives and land use table
The objectives of the zone are as follows:
•
To provide for the housing needs of the community within a low density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
The proposal does not provide for the housing needs of the community within a low density residential
environment. However, the proposal will be a facility that provides improved telecommunications
services to the West Wollongong area.
Miscellaneous provisions
Clause 4.3 Height of Buildings
A 9m height limit is applicable to the site under this plan and the development will be 20m high. It is
noted that the definition of building height under this plan is considered to encompass structures such as
the proposed facility as described below.
Wollongong City Council
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ATTACHMENT 2 - Officers Report to IHAP 7 March 2011
building height (or height of building) means the vertical distance between ground level (existing) at any point to the highest
point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes,
masts, flagpoles, chimneys, flues and the like.
building has the same meaning as in the Act.
EPA Act definition: building includes part of a building, and also includes any structure or part of a structure (including
any temporary structure or part of a temporary structure), but does not include a manufactured home, moveable dwelling or
associated structure or part of a manufactured home, moveable dwelling or associated structure.
The proposal far exceeds the current and likely future scale of development in the locality. It is not
considered to be sympathetic to the context and setting and will have a significant negative visual impact
on the streetscape
2.3 SECTION 79C 1(A)(II) ANY PROPOSED INSTRUMENT
None applicable.
2.4 SECTION 79C 1(A)(III) ANY DEVELOPMENT CONTROL PLAN
2.4.1. DEVELOPMENT CONTROL PLAN NO. 6 COMMERCIAL AND INDUSTRIAL
DEVELOPMENT
DCP 6 was applicable at the time of assessment however it applies to commercial or industrial
development and has no specific controls that relate to telecommunications facilities.
2.4.2. WOLLONGONG SECTION 94A DEVELOPMENT CONTRIBUTIONS PLAN (2010)
It is noted that the 2009 version of this policy was in place at the time of determination, however this
plan has since been updated to the 2010 version which replaces the previous version.
The proposed cost of development is $175,000 and a contribution of 1% of this value would be
applicable if Council was to approve the application.
2.5 SECTION 79C 1(A)(IIIA) ANY PLANNING AGREEMENT THAT HAS BEEN ENTERED
INTO UNDER SECTION 93F, OR ANY DRAFT PLANNING AGREEMENT THAT A
DEVELOPER HAS OFFERED TO ENTER INTO UNDER SECTION 93F,
There are no planning agreements entered into or any draft agreement offered to enter into under S93F
which affect the development.
2.6 SECTION 79C 1(A)(IV) THE REGULATIONS (TO THE EXTENT THAT THEY
PRESCRIBE MATTERS FOR THE PURPOSES OF THIS PARAGRAPH)
92
What additional matters must a consent authority take into consideration in determining a
development application?
(1) For the purposes of section 79C (1) (a) (iv) of the Act, the following matters are prescribed as matters to be taken into
consideration by a consent authority in determining a development application:
(a) in the case of a development application for the carrying out of development:
(i) in a local government area referred to in the Table to this clause, and
(ii) on land to which the Government Coastal Policy applies,
the provisions of that Policy,
(b) in the case of a development application for the demolition of a building, the provisions of AS 2601.
The application does not involve demolition.
The site is not located on land to which the Government Coastal Policy applies.
93 Fire safety and other considerations
(1) This clause applies to a development application for a change of building use for an existing building where the
applicant does not seek the rebuilding, alteration, enlargement or extension of a building.
(2) In determining the development application, the consent authority is to take into consideration whether the fire
protection and structural capacity of the building will be appropriate to the building’s proposed use.
Wollongong City Council
ATTACHMENT 2 - Officers Report to IHAP 7 March 2011
Page 259
(3) Consent to the change of building use sought by a development application to which this clause applies must not be
granted unless the consent authority is satisfied that the building complies (or will, when completed, comply) with such of
the Category 1 fire safety provisions as are applicable to the building’s proposed use.
Note. The obligation to comply with the Category 1 fire safety provisions may require building work to be carried out
even though none is proposed or required in relation to the relevant development consent.
(4) Subclause (3) does not apply to the extent to which an exemption is in force under clause 187 or 188, subject to the
terms of any condition or requirement referred to in clause 187 (6) or 188 (4).
(5) The matters prescribed by this clause are prescribed for the purposes of section 79C (1) (a) (iv) of the Act.
The application does not comprise habitable structures and is a significant distance from any other
adjoining properties.
2.7 SECTION 79C 1(B) THE LIKELY IMPACTS OF DEVELOPMENT
Context and Setting:
The proposal is not considered to be appropriate with regards to the context and setting. The locality is
largely characterised by low to medium density residential developments generally 1 to 2 storey in height.
The largest existing structure is an approximately 15m high power pole opposite the site which will be far
exceeded by the proposal. Further, the maximum building height permitted for the site pursuant to
WLEP 2009 is 9m. As such, the proposal far exceeds the current and likely future scale of development in
the locality and is not considered to be sympathetic to the context and setting and will have a significant
negative visual impact on the streetscape.
Access, Transport and Traffic:
The proposal will not impact on existing traffic and access arrangements to or within the site or generate
any significant traffic or parking demands.
Public Domain:
The proposed facility is highly visible from the public domain. The proposal is considered to contrast
sharply with the streetscape and have a significant impact on the visual amenity of the locality.
Utilities:
The proposal is not envisaged to place an unreasonable demand on utilities supply. All service and utilities
are available to the site.
Heritage:
No heritage items will be impacted by the proposal.
Other land resources:
The proposal is not envisaged to impact upon any valuable land resources.
Water:
The proposal is not envisaged to have unreasonable water consumption.
Soils:
The proposal would involve minor excavation works for the footings and pads and will have a minimal
impact on soils.
Air and Microclimate:
The proposal is not expected to have any negative impact on air or microclimate.
Wollongong City Council
Page 260
ATTACHMENT 2 - Officers Report to IHAP 7 March 2011
Flora and Fauna:
Three (3) trees would be required to be removed to enable installation of the proposed facility. Five trees
are proposed to be planted as replacements.
Council’s Landscape Architect has reviewed the application and has no objections subject to appropriate
conditions of consent.
Waste:
No impact from waste is anticipated.
Energy:
The proposal is not envisaged to have unreasonable energy consumption.
Noise and vibration:
The only noise generated by the proposal beyond construction works, would be air-conditioning units
that will be located within the proposed equipment shelter. The applicant has stated that the noise output
will be similar to that of a domestic air conditioner.
These units will be required to comply with Australian Standards 1055-1997 Acoustics-Description and
Measurement of Environmental Noise (parts 1-3). This standard sets out general procedures for the
description and measurement of environmental noise.
Natural hazards:
There are no natural hazards affecting the site that would prevent the proposal.
Technological hazards:
Concern regarding the potential negative health impacts from Electromagnetic Radiation (RF EME) from
the facility was the subject of many objections to the proposal.
The Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) provide maximum
exposure levels for these types of facilities. The facility will operate at a fraction of the limit imposed by
these standards. The NSW Land & Environment Court (Telstra Corporation Limited v Hornsby Shire
Council (2006) NSWLEC 133) has upheld these standards.
Safety, Security and Crime Prevention:
This application does not result in any opportunities for criminal or antisocial behaviour.
Social Impact:
The proposal is not considered to have a significant negative social impact.
Economic Impact:
The proposal would be expected to improve local communications infrastructure.
Site Design and Internal Design:
It is noted that the review of determination application reduced the height and bulk of the facility and
provided compensatory landscaping. However, this is not considered to significantly reduce the
magnitude of the impact on the streetscape. The facility remains well above the height of any other
structures in the locality and is not considered appropriate with regards to the locality.
Construction:
The issue of possible interference with the local area during the construction phases was raised during the
notification period. This could be conditioned if Council was of a mind to approve the application.
No significant negative impacts are anticipated during the construction phases of the proposal.
Wollongong City Council
ATTACHMENT 2 - Officers Report to IHAP 7 March 2011
Page 261
Cumulative Impacts:
The cumulative impact of exposure to RF EME was considered in the assessment and is discussed at
technological hazards above. Otherwise, there are not expected to be any other cumulative impacts from
the proposal.
2.8 SECTION 79C 1(C) THE SUITABILITY OF THE SITE FOR DEVELOPMENT
Does the proposal fit in the locality?
As outlined at 2.7 Section 79C 1(B), Context and Setting above, the proposal is not considered to fit in the
locality. It is not considered to be consistent with the zone objectives contained in WLEP 2009. Further it
exceeds the draft height limit for the locality.
Are the site attributes conducive to development?
There are no site constraints that would prevent the proposal.
2.9 SECTION 79C 1(D) ANY SUBMISSIONS MADE IN ACCORDANCE WITH THIS ACT
OR THE REGULATIONS
The application was notified in accordance with WDCP 2009 Appendix 1: Public Notification and
Advertising. Two submissions were received and the main issues identified are discussed below.
Review of determination
17 submissions were received apposing the proposal and the issues are outlined below.
No.of
submissions Comment
Issue
The proposal is inappropriate with
regards to the proximity to schools
and dwellings.
1
The proposal is located approximately 200m from
Wollongong West Primary School and is not generally
visible from this site. The applicant has provided EME
readings expected at this location that are well below the
maximum permitted levels.
The proposal would
negative visual impact
a
8
The locality is largely characterised by low to medium
density residential developments generally 1 to 2 storey in
height. The largest existing structure is an approximately
15m high power pole opposite the site which will be far
exceeded by the proposal. Further, the maximum
building height permitted for the site pursuant to WLEP
2009 is 9m. As such, the proposal far exceeds the current
and likely future scale of development in the locality and
is not considered to be sympathetic to the context and
setting and will have a significant negative visual impact
on the streetscape.
The proposal poses a potential
health risk.
14
The EME readings provided by the applicant
demonstrate that the facility operate well under the
prescribed maximums.
The proposal is out of context
1
As discussed above the proposal is not considered to be
sympathetic to the context and setting.
The proposal is inappropriate with
regards to proximity to schools and
dwellings and TAFE.
6
As discussed above, the proposal is not considered
compatible with the largely low density residential nature
of the locality.
have
Wollongong City Council
Page 262
Issue
ATTACHMENT 2 - Officers Report to IHAP 7 March 2011
No.of
submissions Comment
The proposal would set an
undesirable precedent for other
types of development.
1
The proposal is unique in its nature in that most other
likely forms of development would be restricted with
regards to the height and design controls. Should other
similar facilities be proposed in other locations, these
would be assessed on individual merits.
Department of Education and
Training has a preference for
maintaining a 500m buffer
between facilities and their
establishments.
2
This is a figure that is suggested by the Department of
Education and Training. The proposal has been assessed
against the relevant standards with which the facilities
have to comply and has been found to satisfactorily
address them.
The proposal will negatively impact
on property values.
1
This is not something that is capable of being assessed by
Council.
The proponent has not adequately
identified alterative locations for
the facility.
1
The applicant has provided four alternate locations, the
applicant contends that none of these were viable.
There was insufficient consultation
with the community.
1
There is no evidence that the proponent has carried out
consultation with the community prior to lodgement or
during assessment of the application.
The application was notified by Council in accordance
with Council policy for both the refusal and the current
review of determination.
Submissions from public authorities
RTA
The RTA are the owners of Lot 48 F6 Freeway, West Wollongong and provided a submission regarding
the proposal. The RTA has reviewed the submitted information will not object to the development
application subject to RTA conditions being affixed to any development consent issued.
2.10 SECTION 79C 1(E) THE PUBLIC INTEREST
As outlined at Context and Setting at section 2.7 above, the proposal is not considered to be in the public
interest as it does not have due consideration for the context and impacts on the streetscape. There was
significant local opposition to the proposal and the balance of local interests versus a broader benefit
from the facility has not been demonstrated.
Telecommunications facilities are regulated by a range of Commonwealth, State and local legislation and
policies. Particular reference is made to the Wollongong Council document “Siting of
Telecommunications and Radiocommunications Facilities Policy” which was applicable at the time of
lodgement of the original application. The proposal is not considered to satisfy the requirements of this
policy as outlined below.
It is noted that Wollongong Development Control Plan 2009, Chapter C17: Telecommunications and
Radiocommunications Facilities, has since been adopted and has similar criteria for assessing these
facilities.
Wollongong City Council
ATTACHMENT 2 - Officers Report to IHAP 7 March 2011
Page 263
Siting of Telecommunications and Radiocommunications Facilities Policy
1 General
1.1 Introduction
Council’s Siting of Telecommunications and Radiocommunications Facilities Policy was adopted by
Council on 4 June 2007. The Policy relates to the development of telecommunications and radiocommunications infrastructure that are not low-impact facilities under the Commonwealth
Telecommunications Act 1992 and require development consent under the EP&A Act 1979.
Objective
The relevant environmental objectives of this policy are as follows:
•
to provide infrastructure that is visually compatible with surrounding character and locality/visual context with
particular regard to heritage buildings/areas and cultural icons;
The site is not heritage or iconic location as such but the proposal is not sympathetic to the visual
amenity of the streetscape and locality.
•
to assess whether the proposed infrastructure is consistent with the amenity of the area;
The proposed facility is not considered to be consistent with the amenity of the area.
2 – Siting Guidelines
Control
Comment
Compliance
2.1 Visual Amenity
Carriers are to design antennas and supporting
infrastructure in such a way as to minimise or
reduce the visual and cumulative visual impact
from the public domain and adjacent areas.
Whilst the slimline design of the facility does N
seek to mitigate impact on the locality, the
facility will however still be significantly
larger than any other nearby structures or
buildings and is not sympathetic to the
visual amenity of the locality.
Infrastructure design must be consistent with the The facility is not considered to be N
character of the surrounding area.
consistent with the small scale residential
character of the surrounding area.
Within local context must take into account:
•
Colour
•
texture
•
form
•
bulk and scale
Infrastructure must:
•
be well-designed;
•
be integrated with the existing building
structure unless otherwise justified in writing
to Council;
•
have concealed cables where practical and
appropriate; and
•
be unobtrusive where possible.
As above.
N
As above.
N
Wollongong City Council
Page 264
ATTACHMENT 2 - Officers Report to IHAP 7 March 2011
Control
Comment
Compliance
Wherever technically feasible, antennas and mast The proposal is a monopole and not a low N/A
structures should either not be visible, or should impact facility.
be as visually unobtrusive as possible, from the
fronting road at pedestrian eye level. Wherever
technically feasible they should be located to
minimise their obtrusiveness. This may for
instance result in infrastructure being located
towards the rear of a building roof top.
Wherever possible, towers should be of ‘slimline The proposal will be a slimline monopole Y
monopole’ construction.
construction.
2.2 Co-location
Reduce the cumulative visual impact of a number The applicant has stated that there are no Y
of different facilities in an area by co-locating other telecommunications facilities in the
vicinity of the proposal and therefore it is
facilities.
not possible for the facilities to co-locate.
The applicant has stated that any future
facilities would be a substantial distance
from the subject site as a result of the
network capacity of the proposal.
2.3 Location
The applicant should demonstrate that, in Precautionary
selecting a site, it has adopted a precautionary standards.
approach and accounted for the principles of
ecologically sustainable development in regards
to minimising EMR exposures.
Preferred land uses include:
•
industrial areas
•
rural areas
•
low-use open space; and
•
commercial centres
integrated
into Y
The proposed location for the facility does N
not fall under a preferred land use.
Whilst it is noted that SEPP Infrastructure
permits these facilities on any land. The
location is considered to be inappropriate
due to the low scale residential character of
the locality. The desired future character of
the locality is reinforced by WLEP2009.
The applicant should demonstrate particular
consideration of likely community sensitive
locations. Community sensitive locations may
include areas:
•
where occupants are located for long
periods of time, for instance residences;
•
that are frequented by children, for instance
schools, child care centres;
•
where there are people with particular health
concerns for instance hospitals, aged
•
centres; and
•
considered significant
communities.
Wollongong City Council
approach
to
indigenous
It is considered that the proposed facility has N
not demonstrated particular consideration to
community sensitive locations, particularly
nearby residences and schools
ATTACHMENT 2 - Officers Report to IHAP 7 March 2011
Page 265
Compliance
Control
Comment
A facility should not be located in an area where
in the opinion of Council the landform,
vegetation or features of a proposed location
have special aesthetic, architectural, ecological or
conservational value, or where such features will
not adequately screen or reduce the impact of the
facility.
The site is not identified as being of special N
aesthetic, architectural, ecological or
conservational value. However the facility is
not significantly screened and is considered
to result in a significant visual impact on the
locality.
2.4 Heritage
•
The applicant is to have regard to avoiding
or minimising the visual impact of any
proposed facility on the heritage significance
of adjacent/adjoining/ surrounding heritage
items and heritage conservation areas.
•
Where a facility is proposed in the vicinity of
heritage items or heritage conservation
areas, the applicant is to provide a heritage
assessment report in accordance with
Wollongong Local Environmental Plan
(LEP) 1990.
•
A facility should not be located where in the
opinion of Council, a streetscape dominated
by heritage buildings or of heritage
landscape significance will be adversely
impacted upon.
•
A facility should not be located on roof tops
where the building is a heritage item as
identified in Wollongong LEP 1990
The site is not located within or close to a Y
heritage conservation area. Nor is the site
located within close proximity to a listed
heritage item.
2.5 Environment
The applicant is to have regard to avoiding or Three (3) trees exist within the proposed Y
minimising the physical impact of any proposed location for the facility. Council’s
Environment and Landscape Officers raise
facility on endemic flora and fauna.
no objection to the removal of these trees
subject to replacement planting.
The applicant is to install measures to minimise Construction of the proposed facility would Y
to
Council’s
standard
subject
the impact on the environment during installation be
construction
management
conditions
if
or construction including:
Council was of a mind to approve the
• measures to minimise cut and fill;
application..
• measures to control erosion and
sedimentation;
•
measures to minimise waste;
•
measures to control noise.
2.6 Facility Physical Design Controls
Infrastructure must be of high quality design and The facility is considered to be of functional Y
construction.
design and construction.
Proposals should consider the range of available This matter has not been addressed by the N
alternate
infrastructure
including
new applicant.
technologies, to minimise unnecessary or
incidental EMR emissions and exposures.
Wollongong City Council
Page 266
ATTACHMENT 2 - Officers Report to IHAP 7 March 2011
Control
Comment
The plan for the facility must include measures to
restrict public access to the antenna(s).
Approaches to the antenna(s) must contain
appropriate signs warning of EMR and provide
contact details for the owner or site manager of
the facility.
The proposed facility is to be located within Y
a lease enclosed by 2.4m high security
fencing. Access will be permitted by
authorised personnel only.
A condition of consent could be imposed
requiring warning signage with respect to
EMR and site manager contact details if
Council was of a mind to approve the
application.
The minimum requisites that shall apply where
relevant are the Building Code of Australia and
the relevant Australian standards. The applicant
must provide Council with certification about the
standards with which the facility will comply.
The proposal complies with AS RPS3 as Y
demonstrated by the ARPANSA report
submitted with the application.
BCA compliance could be required as a
condition of consent if Council was of a
mind to approve the application..
Compliance
2.7 Facility Health Controls
The applicant is to demonstrate the precautions it The RF EME emitted from the proposed Y
has taken to minimise EMR exposures to the facility will comply with the Radiation
public.
Protection Standard.
The applicant has confirmed that the facility
will always operate within exposure
standards contained within:
•
The
ARPANSA
standard
(the
Radiation Protection Standard for
Maximum
Exposure
levels
to
radiofrequency Fields – 3KHz to
300Ghz);
•
Radio-communications
(Electromagnetic Radiation
Exposure) Standard 2003;
•
Any other standard endorsed by the
Federal Government and the ACMA.
The applicant is to provide documentation to As above
show that the proposed facility complies with the
relevant Australian exposure standard as specified
by the Australian Communications and Media
Authority.
Human
Y
The applicant is to provide a mapped analysis of Maximum cumulative EME levels at nearby Y
the cumulative effect of the proposal.
locations were provided (as shown at Figure
6 below).
The choice of site should take into account likely The land surrounding the site is generally all N
future adjoining land uses.
developed, although there is potential for
higher residential density in future.
Wollongong City Council
ATTACHMENT 2 - Officers Report to IHAP 7 March 2011
Page 267
Figure 6: other areas of interest EME readings
3. RECOMMENDATION
This application has been assessed having regard to the Heads of Consideration under Section 79C(1) of
the Environmental Planning and Assessment Act 1979, the provisions of Wollongong Local
Environmental Plan 2009 and all relevant Council DCPs, Codes and Policies. It is recommended that the
application be refused for the following reasons:
•
Pursuant to the provisions of Section 79C (1)(a)(ii) of the Environmental Planning and Assessment Act 1979, it is
considered that the proposed development is inconsistent with Draft Wollongong Local Environmental Plan 2009 with
respect to the proposed height limit for the site.
•
Pursuant to the provisions of Section 79C (1)(b) of the Environmental Planning and Assessment Act 1979, it is
considered that the proposed development is excessive in height and would adversely impact upon the amenity of the
locality.
•
Pursuant to the provisions of Section 79C (1)(b) of the Environmental Planning and Assessment Act 1979, it is
considered that the proposed development does not achieve a high quality design and would adversely impact upon the
existing and future desired streetscape.
•
Pursuant to the provisions of Section 79C (1)(d) of the Environmental Planning and Assessment Act 1979, it is
considered that having regard for public submissions, the development is unsuitable with respect to the visual impact on
the locality.
•
Pursuant to the provisions of Section 79C (1)(d) of the Environmental Planning and Assessment Act 1979 it is
considered that in the circumstances of the case, approval of the development would set an undesirable precedent for
similar inappropriate development and is therefore not in the public interest..
Wollongong City Council
Page 268
ATTACHMENT 3 - Draft Conditions of Consent

Telstra Corporation Limited
026
C/- Jones Lang LaSalle
PO BOX 805
SOUTH MELBOURNE VIC 3205
APPLICATION
RD-2009/1524/A
Determination
Approval Authority
Date
Conditionally Approved
Wollongong City Council
10 May 2011
NOTICE OF DETERMINATION OF APPLICATION TO REVIEW DETERMINATION
Issued under Section 82A of the Environmental Planning and Assessment Act 1979
The development application described below has been determined:
Description
Installation of a 20 metre monopole, three panel antenna, equipment shelter and associated ancillary
safety equipment
Location
(F6 Freeway - Road Reserve at Junction of Robsons Road & Mt Keira Road, West Wollongong)
Lot 48 DP 1054557
Consent has been granted conditionally.
This determination replaces the determination dated.
Approved Plans and Specifications
1)
The development is to be carried out in compliance with the following plans and documentation
listed below and endorsed with Council’s stamp:
Plans and
Specifications
Site layout plan - no. N108665 dated 6 August 2010 - TCI
North Western Elevation - no. N108665 dated 6 August 2010 - TCI
Section 82 (a) application for a review of determination report - dated September 2010 - CPS Global
The Development Application has been determined by granting of consent subject to the following
conditions:
General Matters
2
Tree removal
The developer has permission to remove the three trees as indicated on the submitted Landscape
Plan by Roseraie Garden Concepts, dated 15.1.2010. No other trees or vegetation shall be
removed without the prior written approval of council.
3
Certification of compliance
Post construction testing of EME levels is to be undertaken at sensitive locations in the vicinity
of the site by an accredited, independent radiofrequency assessor, to Council’s satisfaction
certifying compliance of the facility with the relevant Australian Standards. Testing should
include but not be limited to the 9 sites identified in Appendix O of the Review of
Determination Report by CPS Global.
4
Building Work - Compliance with the Building Code of Australia
All building work must be carried out in compliance with the provisions of the Building Code of
Australia.
5
Construction Certificate
A Construction Certificate must be obtained from Council or an Accredited Certifier prior to
work commencing.
Wollongong City Council
ATTACHMENT 3 - Draft Conditions of Consent
Page 269
A Construction Certificate certifies that the provisions of Clauses 139-148 of the Environmental
Planning and Assessment Amendment Regulations, 2000 have been satisfied, including
compliance with all relevant conditions of Development Consent and the Building Code of
Australia.
Note: The submission to Council of two (2) copies of all stamped Construction Certificate plans
and supporting documentation is required within two (2) days from the date of issue of the
Construction Certificate, in the event that the Construction Certificate is not issued by Council.
6
Occupation Certificate
A final Occupation Certificate must be issued by the Principal Certifying Authority prior to
occupation or use of the development. In issuing an Occupation Certificate, the Principal
Certifying Authority must be satisfied that the requirements of Section 109H of the
Environmental Planning and Assessment Act 1979, have been complied with as well as all of the
conditions of the Development Consent.
Prior to the Issue of the Construction Certificate
7
Landscape screening
A detailed Landscape Plan providing additional landscape screening of the equipment shelter
shall be submitted and approved by Council prior to Construction Certificate.
8
The monopole is to be Colorbond “Ironstone” in colour.
9
The maximum height of the monopole is to R.L. 63.0m
10
The depth and location of all services (ie gas, water, sewer, electricity, telephone, traffic lights,
etc) must be ascertained and reflected on the Construction Certificate plans and supporting
documentation.
11
The submission of a final Landscape Plan to the Principal Certifying Authority, prior to the
release of the Construction Certificate. The final Landscape Plan shall address the following
requirements:
1. Deletion the gravel surface as it will become weed infested leading to a reduction in the
visual amenity of the area;
2. Gravel surface to be replaced with a sealed surface such as concrete or asphalt;
3. Accurately show existing site features including contours and trees, and proposed finished
levels.
The completion of the landscaping works as per the final approved Landscape Plan is required,
prior to the issue of Occupation Certificate or commencement of the development.
12
The implementation of a landscape maintenance program in accordance with the approved
Landscape Plan for a minimum period of 12 months to ensure that all landscape work becomes
well established by regular maintenance. Details of the program must be submitted with the
Landscape Plan to the Principal Certifying Authority prior to release of the Construction
Certificate.
13
Tree Protection and Management
The existing trees are to be retained upon the subject property and any trees on adjoining
properties shall not be impacted upon during the excavation or construction phases of the
development. This will require the installation and maintenance of appropriate tree protection
measures, including (but not necessarily limited to) the following:
13.1
13.2
Installation of Tree Protection Fencing - Protective fencing shall be 1.8 metre cyclone
chainmesh fence, with posts and portable concrete footings. Details and location of
protective fencing must be indicated on the architectural and engineering plans to be
submitted to the Principal Certifying Authority prior to release of the Construction
Certificate.
Mulch Tree Protection Zone: Areas within a Tree Protection Zone are to be mulched
with minimum 75 mm thick 100% recycled hardwood chip/leaf litter mulch.
Wollongong City Council
Page 270
ATTACHMENT 3 - Draft Conditions of Consent
13.3 Irrigate: Areas within the Tree Protection Zone are to be regularly watered in accordance
with the arborist’s recommendations.
Section 94A Levy Contribution
14
The following Section 94A Levy Contribution is required towards the provision of public
amenities and services in accordance with the Wollongong City Council Section 94A
Development Contributions Plan.
Pursuant to Section 80A(1) of the Environmental Planning and Assessment Act 1979, and the
Wollongong City Council Section 94A Development Contributions Plan, a contribution of
$875.00 shall be paid to Council prior to the release of any associated Construction Certificate.
The amount to be paid will be adjusted at the time of actual payment, in accordance with the
provisions of the Wollongong City Council Section 94A Development Contributions Plan. The
Consumer Price Index All Group Index Number for Sydney at the time of the development
application determination is 175.9.
The following formula for indexing contributions is to be used:
Contribution at time of payment = $C x (CP2/CP1)
Where
$C is the original contribution as set out in the Consent
CP1 is the Consumer Price Index (all groups index for Sydney) used in the proceeding
indexation calculation
CP2 is the Consumer Price Index (all groups index for Sydney) at the time of indexation
Details of CP1 and CP2 can be found in the Australian Bureau of Statistics website Catalog
No 6401.0 - Consumer Price Index, Australia.
Payment of the S94A levy must be by cash or bank cheque only. A copy of the Wollongong
City Council Section 94A Development Contributions Plan and accompanying Fact Sheet may
be inspected or obtained from the Wollongong City Council Administration Building, 41 Burelli
Street, Wollongong during business hours or on Council’s web site at
www.wollongong.nsw.gov.au.
(Reason: To provide high quality and diverse public amenities and services to meet the expectations of the existing
and new residents of Wollongong City Council).
Prior to the Commencement of Works
15
Appointment of Principal Certifying Authority
Prior to commencement of work, the person having the benefit of the Development Consent
and a Construction Certificate must:
a)
15.2
Appoint a Principal Certifying Authority (PCA) and notify Council in writing of the
appointment. irrespective of whether Council or an accredited private certifier is
appointed (if Council is nominated as the PCA please use the attached form) and
notify Council in writing (on the attached form) of their intention to commence the
erection of the building (at least two days notice is required).
The Principal Certifying Authority must determine when inspections and compliance certificates
are required.
16
Enclosure of the Site
The site must be enclosed with a suitable security fence to prohibit unauthorised access, to be
approved by the Principal Certifying Authority. No building work is to commence until the fence
is erected.
Wollongong City Council
ATTACHMENT 3 - Draft Conditions of Consent
Page 271
17
Consultation with NSW WorkCover Authority
Prior to any work commencing on the site it is the responsibility of the owner to contact NSW
WorkCover Authority in writing in respect to any demolition or use of any crane, hoist, plant or
scaffolding.
18
Waste Management
The developer must provide an adequate receptacle to store all waste generated by the
development pending disposal. The receptacle must be regularly emptied and waste must not be
allowed to lie or accumulate on the property other than in the receptacle. Consideration should
be given to the source separation of recyclable and reusable materials.
19
Application for Occupation of Footpath/Roadway
Any use of the footpath or road reserve for construction purposes requires Council approval
under the Roads Act 1993. Where it is proposed to carry out activities such as, but not limited to
the following:
19.1
19.2
19.3
19.4
19.5
19.6
19.7
construction vehicles entering and leaving the site;
installation of a fence or hoarding;
pump concrete from within the road reserve;
stand a mobile crane within the public road reserve;
use part of Council’s road/footpath area;
pump stormwater from the site to Council’s stormwater drains; or
store waste containers, skip bins and/or building materials on part of Council’s footpath
or roadway;
an application for occupation of footpath/roadway must be obtained from Council’s Works and
Services Division, prior to the issue of the Construction Certificate.
20
Erosion and Sediment Control Measures
Erosion and sediment control devices are to be installed prior to the commencement of any
demolition, excavation or construction works upon the site. These devices are to be maintained
throughout the entire demolition, excavation and construction phases of the development and
for a minimum three (3) month period after the completion of the project, where necessary.
21
Supervising Arborist – Tree Inspection and Installation of Tree Protection Measures
Prior to the commencement of any demolition, excavation or construction works, the
supervising arborist must certify in writing that tree protection measures have been inspected and
installed in accordance with the arborist’s recommendations and relevant conditions of this
consent.
22
Notification to Council of any Damage to Council’s Infrastructure
Council must be notified in the event of any existing damage to any of Council’s infrastructure
including, but not limited to the road, kerb and gutter, road shoulder, footpath, drainage
structures and street trees fronting the development prior to the commencement of work.
Adequate protection must be provided to Council infrastructure prior to work commencing and
during the construction period. Any damage to Council’s assets shall be restored in a satisfactory
manner prior to the issue of the Occupation Certificate.
During Demolition, Excavation or Construction
23
Branch or Root Pruning in accordance with Australian Standard
Any branch or root pruning which has been given approval, must be carried out by a qualified
arborist in accordance with Australian Standard AS4373 (2007).
24
Copy of Consent to be in Possession of Person carrying out Tree Removal
The applicant/developer must ensure that any person carrying out tree removal is in possession
of this development consent and/or the approved landscape plan, in respect to the trees which
have been given approval to be removed in accordance with this consent.
25
Treatment of any Tree Damage by a Supervised Arborist
Any damage inflicted on a tree during the construction phase which has been nominated for
retention shall be treated by an approved arborist at the developer’s expense.
Wollongong City Council
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26
ATTACHMENT 3 - Draft Conditions of Consent
Restricted Hours of Work (domestic residential scale ie single dwellings)
The developer must not carry out any work other than emergency procedures to control dust or
sediment laden runoff outside the normal working hours, namely, 7.00 am to 5.00 pm, Monday
to Friday and 8.00 am to 4.00 pm Saturday, without the prior written consent of the Principal
Certifying Authority and Council.
No work is permitted on public holidays or Sundays.
Any request to vary these hours shall be submitted to the Council in writing detailing:
26.1
26.2
26.3
the variation in hours required;
the reason for that variation;
the type of work and machinery to be used.
Note: The developer is advised that other legislation may control the activities for which Council
has granted consent including but not limited to the Protection of the Environment Operations
Act 1997. Developers must note that EPA Environmental Noise manual restricts use of power
tools (electronic or pneumatic) to between the hours of 7.00 am to 5.00 pm Mondays to Fridays
and 8.00 am to 4.00 pm on weekends.
27
The developer must carry out work at all times in a manner which will not cause a nuisance, by
the generation of unreasonable noise, dust or other activity, to the owners and/or occupiers of
adjoining and adjacent land.
Prior to the Issue of the Occupation Certificate
28
The developer must make compensatory provision for the trees required to be removed as a
result of the development. In this regard, six 200 litre container mature plant stock shall be
placed in a suitable location on the site, that will achieve minimising the visual impact of the
tower from street level. The suggested species is Elaeocarpus reticulatus.
Reasons
The reasons for the imposition of the conditions are:
1
To minimise any likely adverse environmental impact of the proposed development.
2
To ensure the protection of the amenity and character of land adjoining and in the locality.
3
To ensure the proposed development complies with the provisions of Environmental Planning
Instruments and Council’s Codes and Policies.
4
To ensure the development does not conflict with the public interest.
Notes
1
This consent becomes effective and operates from the date shown as “Endorsement Date” on
the front page of this notice. This consent will lapse unless development is commenced within
five years from the endorsement date shown on this notice.
3
The holder of a development consent that is being acted upon must also hold a current
Construction Certificate under the provisions of the Environmental Planning and Assessment
Act, 1979.
4
Where the consent is for building work or subdivision work, no temporary buildings may be
placed on the site and no site excavation, filling, removal of trees or other site preparation may be
carried out prior to the issue of a Construction Certificate and appointment of a Principal
Certifying Authority.
5
A Tree Management Order has been proclaimed in the City of Wollongong. Under this order,
no tree on the land the subject of this approval may be ringbarked, cut down, topped, lopped or
wilfully destroyed except with the prior consent of Council which may be given subject to such
conditions as Council considers appropriate. However, unless specified otherwise in this
consent, those trees which are specifically designated to be removed on the plans approved under
Wollongong City Council
ATTACHMENT 3 - Draft Conditions of Consent
Page 273
this consent or are within 3 metres of an approved building footprint may be removed, provided
that a Construction Certificate has been issued for the development the subject of this consent
and a Principal Certifying Authority appointed.
6
In this consent the developer means the applicant for development consent and any person or
corporation who carries out the development pursuant to that consent.
7
Council recommends that NSW Wildlife Information and Rescue Service (WIRES) be contacted
(phone (02) 4285 5630) for assistance in relocating native fauna prior to removal of trees and
bushland.
This letter is authorised by
Nigel Lamb
Development Project Officer
Wollongong City Council
Direct Line (02) 4227 7287
Wollongong City Council
Page 274
Wollongong City Council
ATTACHMENT 4 - Aerial Photograph
ATTACHMENT 5 - Zoning Map
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Wollongong City Council
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Wollongong City Council
ATTACHMENT 6 - Planning Ingenuity Report
ATTACHMENT 6 - Planning Ingenuity Report
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Wollongong City Council
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Wollongong City Council
ATTACHMENT 6 - Planning Ingenuity Report
ATTACHMENT 6 - Planning Ingenuity Report
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Wollongong City Council
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Wollongong City Council
ATTACHMENT 6 - Planning Ingenuity Report
ATTACHMENT 6 - Planning Ingenuity Report
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Wollongong City Council
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Wollongong City Council
ATTACHMENT 6 - Planning Ingenuity Report
ATTACHMENT 7 - Plans
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Wollongong City Council
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Wollongong City Council
ATTACHMENT 7 - Plans