Ventia 21MEL-0028 7 October 2021

Urban Planning Report Application for a Planning Permit Satellite Communications Ground Infrastructure at Monck Street, Yambuk

R:\Synergy\Projects\21MEL\21MEL-0028 Visionstream Telco Project\Sites\VIC\Yambuk Exchange\Reports\211007_R1_v2_Urban Planning Report - Yambuk.docx

Urban Planning Report 7 October 2021

Lead consultant URPS 29-31 Rathdowne Street Carlton VIC 3053 (03) 85930 9650 www.urps.com.au

Prepared for Ventia on behalf of Telstra Corporation Limited

URPS Ref 21MEL-0028

Document history and status

Revision Date Author Reviewed Details

V1 15/09/21 LP CJ Final report

V2 07/10/21 LP CJ RFI Submission

© URPS. All rights reserved; these materials are copyright. No part may be reproduced or copied in any way, form or by any means without prior permission. This report has been prepared for URPS’ client. URPS and its associated consultants are not liable to any person or entity for any damage or loss that has occurred, or may occur, in relation to that person or entity taking or not taking action in respect of any representation, statement, opinion or advice referred to herein.

Urban Planning Report | i

Contents

Executive Summary ................................................................................................................... 1

Introduction ...................................................................................................................... 2

Site and Surrounds ......................................................................................................... 3

The Proposed Development ........................................................................................ 4

Site Selection .................................................................................................................... 5

Federal Regulatory Framework ................................................................................. 6

Telecommunications Act 1997 and Telecommunications (Low-Impact Facilities) Determination 2018................................................................................................................................................ 6

Environment Protection and Biodiversity Conservation Act 1999 ........................................ 6

Telstra Satellite Access Network Installation RF Assessment ......................... 7

Planning Scheme Assessment ................................................................................... 8

Use .................................................................................................................................................................. 8

Siting, Design and Appearance ........................................................................................................... 9

Clause 52.04 Satellite dish .................................................................................................................. 10

Clause 52.19 Telecommunications Facility................................................................................... 10

A Code of Practice for Telecommunications Facilities in Victoria ........................................ 11

Other matters .................................................................................................................12

Notice of the Application ...................................................................................................................... 12

Conclusion .......................................................................................................................13

Appendix 1 – Title .....................................................................................................................14

Appendix 2 – Site and Proposal Plans ...............................................................................15

Appendix 3 – EPBC Act Protected Matters Report ........................................................16

Urban Planning Report - Executive Summary | 1

Executive Summary

Landowner Telstra Corporation Limited Level 41, 242 Exhibition Street Melbourne VIC 3000

Applicant Gerard Heffernan 0409 299 551 Gerard.Heffernan@ventia.com

Ventia Pty Limited Unit 5, 27 Yilen Close Beresfield NSW 2322

On behalf of:

Telstra Corporation Limited

Address of Site Monck Street, Yambuk

Responsible Authority Moyne Shire Council

Planning Scheme Moyne

Zone Township Zone (TZ)

Overlays None

Existing Use Telecommunications Facility (Exchange)

Proposal Telecommunications Facility (Satellite Dish)

Urban Planning Report - Introduction | 2

Introduction This report has been prepared by Ventia on behalf of Telstra as supporting information to a Planning Permit Application for the installation of Satellite Communications Ground Infrastructure (satellite dish) at the existing Yambuk Exchange Telecommunications Facility.

This report provides a description of the land and locality, summary of the proposal, and assessment against the relevant regulations and planning scheme provisions.

Urban Planning Report - Site and Surrounds | 3

Site and Surrounds Monck Street, Yambuk (the Site) is more formally known as Lot 1 on Plan of Subdivision 310099Y. We confirm there are no easements, covenants or restrictions that affect this application for the subject land. Refer to Appendix 1 for Title details.

An aerial image of the site is provided in Figure 1.

The site is on the west side of Monck Street. It is a parcel of land that has the following main characteristics:

• Regular in shape and flat apart from natural undulations throughout.

• Improved by an existing telecommunications exchange building which is single storey in scale and generally having an appearance of an outbuilding with ancillary structures throughout the site.

• The site is covered in grass, there is otherwise no vegetation on the site.

• Low to medium height wire and post fencing extends along the site’s boundaries.

The site is located on the north east fringe of the Yambuk township which encompasses a variety of detached built form of a one and two storey domestic scale, constructed out of brick and weatherboard.

Figure 1 – Aerial image of site

Source: mapshare.vic.gov.au

The Site

Urban Planning Report - The Proposed Development | 4

The Proposed Development To be read in conjunction with the application drawings attached at Appendix 2, development of the site is comprised of the following:

• 1.8m diameter satellite dish.

• 0.915m x 1.2m platform.

• Electronics enclosure with shroud.

• Associated electricity, earthing and fibre cabling.

• 5.7m x 4.7m x 1.8m high chain mesh fencing with access gate surrounding the satellite dish.

• The facility will be located to the east of the existing exchange building, behind the post office.

The primary driver for proposing alterations and additions to the existing facility is for reliable Telstra services providing the depth of coverage for residents, businesses, and other users.

Figure 2 – Proposed location of facility

Source: Ventia

Urban Planning Report - Site Selection | 5

Site Selection Telstra commences the site selection process with a search of potential sites that meet the network’s technical requirements, with a view to also having the least possible impact on the surrounding area. Telstra applies and evaluates a range of criteria as part of this site selection process.

Telstra assesses the technical viability of potential sites using computer modelling tools that produce predictions of the coverage that may be expected from these sites, as well as from the experience and knowledge of the radio engineers.

There are also several other important criteria that Telstra uses to assess options and select sites that may be suitable for a proposed new facility. These consider factors other than the technical performance of the site.

The decision to locate the proposed development at the subject site was made on the following basis:

• The potential to co-locate within an existing telecommunications facility.

• The potential to locate on an existing building or structure.

• Visual impact and the potential to obtain relevant town planning approvals.

• Proximity to community sensitive locations and areas of environmental heritage.

• The potential to obtain tenure at the site.

• The cost of developing the site and the provision of utilities (power, access to the facility and transmission links).

Accordingly, the subject site is deemed the most appropriate location within the existing telecommunications facility.

Urban Planning Report - Federal Regulatory Framework | 6

Federal Regulatory Framework

Telecommunications Act 1997 and Telecommunications (Low-Impact Facilities) Determination 2018

The Telecommunications Act 1997 (the Act) provides a system for regulating telecommunications and the activities of carriers and service providers. Under the Act, telecommunications carriers are no longer exempt from State and Territory planning laws except in three limited instances:

• There are exemptions, for example, inspection of land, maintenance of facilities, installation of ‘Low impact facilities’, subscriber connections and temporary defence facilities. These exemptions are detailed in the Telecommunications (Low-impact Facilities) Determination 2018 (the Determination) and these exceptions are subject to the Telecommunications Code of Practice 2018,

• A limited case-by-case appeals process exists to cover installation of facilities in situations of national significance, and

• There are some specific powers and immunities from the previous Telecommunications Act 1991.

The Determination contains a list of Telecommunications Facilities that the Commonwealth will continue to regulate. These are facilities that are essential to maintaining telecommunications networks and are unlikely to cause significant community disruption during their installation or operation. These facilities are ‘Low-impact’ and do not require planning approval under State or territory laws.

The proposed satellite dish does not fall within the ambit of the exemptions under the Act or the Determination and therefore, planning approval is sought from the Moyne Shire Council in accordance with the Moyne Planning Scheme.

Environment Protection and Biodiversity Conservation Act 1999 The Environment Protection and Biodiversity Conservation Act provides the means for the Commonwealth Government to assess development proposals where those proposals involve actions that have a significant impact on matters of National Environmental Significance.

The proposal is not of National Environmental Significance, as it will not impact on:

• World Heritage Areas,

• Wetlands protected by International Treat (The RAMSAR Convention),

• Nationally listed threatened species and communities,

• Nationally listed migratory species,

• Barrier reef marine park,

• All nuclear actions, or

• The Environment of Commonwealth Marine area.

This proposal is seeking to maintain as much vegetation as possible through the carefully considered site placement.

Refer to the attached EPBC Act Protected Matters Report at Appendix 3.

Urban Planning Report - Telstra Satellite Access Network Installation RF Assessment | 7

Telstra Satellite Access Network Installation RF Assessment

At project inception, an independent and NATA accredited Consultant was engaged to undertake an assessment of the radiation patterns associated with proposed satellite ground station installation which includes a 1.8m diameter satellite antenna.

The assessment was performed per the methodology outlined in Australian Standard (AS/NZS 2772.2:2016 (Appendix E3.3.2 Circular Apertures)). This Standard establishes the levels of exposure to radiofrequency below which adverse effects are thought to be non-existent or negligible. Operation of equipment that complies with the Standard is therefore deemed to have no significant environmental effect in respect of the health, safety, or wellbeing of the community.

On completion of the assessment, a comprehensive Report was produced which describes the findings. The Report is extremely detailed, and due to the amount of information contained within, the findings are very likely to be somewhat ambiguous to a lay person, however a full copy of the Report can be made available if required.

The Report concludes that due to expected radiation levels from the 1.8m satellite antenna, a minimum 2m exclusion zone is required to be enforced immediately in front of the antenna lower edge when the antenna elevation is positioned anywhere between 41 and 58 degrees. The 2m exclusion zone ensures compliance to the ARPANSA RPS3 requirements. With the antenna positioned at the lowest elevation, there is a nominal 3m vertical safe clearance from ground level at the extremity of the exclusion zone. The lower antenna elevation determines the horizontal exclusion zone distance and the 2m distance has been prescribed to ensure exposure levels are not exceeded in accordance with the Australian Standard, and to ensure radiation safety for the general public, and any persons working in close proximity to the ground station. This safety exclusion zone was taken into consideration during the early detailed design for the ground station and a vacant area was intentionally allowed in front of the antenna to cater for it. The 1.8m high fence installed around the entire ground station enforces and encloses the exclusion zone. Additionally, warning signage will be affixed to the fence to ensure anyone approaching the ground station is aware that radiofrequency emanations are present.

A photograph showing the required elevation of the antenna at this site relative to the satellite location in the sky is provided in the designs included in this submission at Appendix 2.

Urban Planning Report - Planning Scheme Assessment | 8

Planning Scheme Assessment

Use The site is zoned Township Zone (TZ). Refer to Figure 3.

Clause 32.05-2 directs that a permit is required for a Telecommunications Facility because the associated buildings and works do not meet the requirements of 62.01.

Relevant to this proposal, the purpose of the zone is:

To implement the Municipal Planning Strategy and the Planning Policy Framework.

To provide for residential development and a range of commercial, industrial and other uses in small towns.

To encourage development that respects the neighbourhood character of the area.

To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.

The existing telecommunications exchange, limited site restrictions and existing vegetation and structures on adjoining properties support the nature of the proposal. It is visually separated from sensitive interfaces to the most practicable extent. As such, the amenity of the surrounding area is not adversely affected.

Notwithstanding, the proposed facility does not generate, by its very nature, the types of nuisances that could be expected to affect the surrounding areas, such as dust, odour, noise, and heavy traffic.

The telecommunications facility sits comfortably within the constraints of the site and is indeed located in an appropriate location to serve local community needs as anticipated by the zone.

Facilities such as this make little noise (limited only to domestic-type air-conditioning units that fully comply with noise regulations) and emit no dust or odour. Once constructed, traffic generated by the site is limited to perhaps 4-6 visits per annum and usually only by a technician in a station wagon or similar.

Furthermore, and as identified above, the new facility will enable considerably improved levels of service to the wider locality.

It is our contention that the ongoing use of the land as a Telecommunications Facility satisfies the Zone objectives because:

• The ongoing facility use aligns with the desired vision of Plan Melbourne 2017-2050:

– Policy 1.2.3 is to ‘Support the provision of telecommunications infrastructure’. This policy seeks to ensure the realisation that ‘Melbourne is a productive city that attracts investment, supports innovation and creates jobs’ (Objective 1).

• The ongoing telecommunications facility use aligns with the strategies and objectives of the Planning Policy Framework (PPF) and Local Planning Policy Framework (LPPF) including:

– Clause 19.03-2S Infrastructure design and provision includes an objective to provide timely, efficient and cost-effective development infrastructure that meets the needs of the community.’

– Clause 19.03-4S Telecommunications has an objective ‘To facilitate the orderly development, extension and maintenance of telecommunication infrastructure.’

– Clause 21.08 Infrastructure and particular uses includes strategies to ‘To ensure infrastructure is provided in the most cost-effective manner, whilst ensuring equitable servicing of the whole

Urban Planning Report - Planning Scheme Assessment | 9

municipality.’ and ‘encourage new development to concentrate where possible in existing serviced areas.’

• Given the small scale of the facility, it will not displace nor negatively affect this location and will avoid residential and non-residential use conflict.

Of course, the main impact of such a facility is its visual impact, but it is generally accepted there will be some impact. It is a question of what has been done to minimise this impact, which is generally achieved through the siting and design of the facility and discussed below.

Figure 3 – Zone map

Source: mapshare.vic.gov.au

Siting, Design and Appearance The location of the satellite dish will ensure that views from the public realm are appropriate in the context of the site. The scale of the proposal is proportionally suitable to the building on the site and adjoining properties. The height will ensure views from within adjoining properties will be minimal, if any. Particularly being obscured from view by the existing vegetation and existing structures on the site and adjoining properties.

Within this physical context, the facility will have minimal material impact on the adjoining uses. Its visual impact on the subject land and within the surrounding area is not only acceptable but negligible and to be expected in an area such as this. The existence of the facility will also have no impact on the continuing and future development of the area. Furthermore, there will be no impact on views from any vantage point, and the grey colour is considered to compliment and be unobtrusive within the physical context of the locality.

It is our contention that the design of the telecommunications facility is supported by the relevant planning provisions because:

The Site

Urban Planning Report - Planning Scheme Assessment | 10

• The design of the telecommunications facility aligns with the strategies and objectives of the Planning Policy Framework (PPF) and Local Planning Policy Framework (LPPF) including:

– Clause 15.01-1S Urban design has a strategy to ‘Require development to respond to its context in terms of character, cultural identity, natural features, surrounding landscape and climate.’

– Clause 15.01-5S Neighbourhood character includes a strategy to ‘Support development that respects the existing neighbourhood character or contributes to a preferred neighbourhood character.’ and ‘Ensure development responds to its context and reinforces a sense of place and the valued features and characteristics of the local environment and place by respecting the: Neighbourhood character values and built form that reflect community identity.’

Additionally, Clause 19.03-4S Telecommunications also sets out the relevant considerations of which an assessment is required and is detailed below.

Clause 52.04 Satellite dish Clause 52.04-2 directs that a permit is required to construct or install or carry out works for a satellite dish (whether or not it forms part of a network) even if it is ancillary to another use on the land, because it may be visible from the street.

Relevant to this proposal, the purpose of this particular provision is:

To provide an opportunity to consider the impact of a satellite dish attached to a building or structure listed in a schedule to the Heritage Overlay.

To provide an opportunity to consider the effect of a satellite dish on the amenity of residential areas.

It is our contention that the design of the facility is supported by the relevant planning provisions because:

• The location of the satellite dish will ensure that views from the public realm are appropriate in the context of the site. The height will ensure views from within adjoining properties will be minimal, if any. Particularly being obscured from view by the existing structures on the site and adjoining properties.

• The dish is setback from the side or rear boundary 1 metre, plus 0.3 metres for every metre of height over 3.6 metres up to 6.9 metres, plus 1 metre for every metre of height over 6.9 metres, and

• There is no existing habitable room window within 3m on the adjoining property.

Clause 52.19 Telecommunications Facility Clause 52.19-1 directs that a permit is required to construct a building or construct or carry out works for a Telecommunications Facility because none of the exemptions apply.

Relevant to this proposal, the purpose of this particular provision is:

To ensure that telecommunications infrastructure and services are provided in an efficient and cost effective manner to meet community needs.

To facilitate an effective statewide telecommunications network in a manner consistent with orderly and proper planning.

To encourage the provision of telecommunications facilities with minimal impact on the amenity of the area.

The need for the facility, its benefits and likely impacts on amenity (including how this impact will be mitigated) have already been set out above.

Urban Planning Report - Planning Scheme Assessment | 11

An assessment against A Code of Practice for Telecommunications Facilities in Victoria is set out below.

A Code of Practice for Telecommunications Facilities in Victoria The proposed facility is not one set out in Section 5 of the Code and therefore requires a permit.

It is our contention that the proposal satisfies the intent of the Code and Principles set out in Section 4 because:

Principle 1: A Telecommunications facility should be sited to minimise visual impact.

• The location of the satellite dish will ensure that views from the public realm are appropriate in the context of the site. The scale of the proposal is proportionally suitable to the building on the site and adjoining properties. The height will ensure views from within adjoining properties will be minimal, if any. Particularly being obscured from view by the existing vegetation and existing structures on the site and adjoining properties. The facility will minimally impact on amenity and the prevailing character of the area.

• No heritage items or areas are impacted by the proposal.

• No significant vegetation will be removed.

• The proposed facility does not obscure any significant or noteworthy view.

Principle 2: Telecommunications facilities should be collocated wherever practical.

• There are no existing buildings or structures in the area that would permit collocation to occur and the technical and network requirements to be met.

Principle 3: Health standards for exposure to radio emissions will be met.

• As with all mobile telecommunications facilities in Australia, the proposed facility is required to always comply with the relevant Radiation Protection Standard and once operational must have this compliance certified by an accredited person.

Principle 4: Disturbance and risk relating to siting and construction should be minimised. Construction activity and site location should comply with State environment protection policies and best practice environmental management guidelines.

• The subject land and surrounding street network will allow for very straightforward construction of the facility with no unreasonable danger or impediment to traffic or pedestrian movement,

• Construction will occur at appropriate times and can be conditioned to ensure compliance if Council considers it necessary, and

• Any damage caused to Council or public infrastructure as part of any construction, will be remediated back to its original condition.

Urban Planning Report - Other matters | 12

Other matters

Notice of the Application It is noted that Council has discretion in determining notification of the application under Section 52 of the Planning and Environment Act 1987. In this instance, the application is considered to not have a ‘material detriment’ to adjacent residents for the following reasons:

• The application is relatively minor in nature and of a scale and location that will result in the development being largely screened from adjacent properties.

• Public views to the facility are appropriate in this context due to its siting and existing structures within the existing and surrounding sites.

• The existing nature of the Telstra site.

• The consistency with the Moyne Planning Scheme, as outlined above.

For these reasons, the application is in our view, not required to be place on notice and Council can proceed through its assessment and facilitate delivery of this important infrastructure.

Urban Planning Report - Conclusion | 13

Conclusion The drawings respond to the principles of design, siting, construction, and operation of telecommunications facilities as specified in the Telecommunications Code of Practice 2018 whilst meeting state and local planning policy objectives.

Telstra, together with Ventia have undertaken an assessment of the relevant matters as required by the Telecommunications Act 1997, and state and local planning provisions. The proposed satellite dish is considered appropriate for the subject site for the following reasons:

• It will assist in providing reliable services to Yambuk and the surrounding district.

• Public views to the facility are appropriate in this context due to its siting and existing structures within the existing and surrounding sites.

• The implementation of an additional dish at a scale lesser than that of the existing infrastructure at the facility will not impact on the vistas from public viewpoints or the valued landscape qualities of the region.

• The proposal is consistent with the relevant provisions of the Moyne Planning Scheme.

• The proposed facility is appropriately located next to the existing built form and will be fenced.

For the reasons outlined above, it is respectfully requested that Planning Permit is granted for this application.

Urban Planning Report - Appendix 1 – Title | 14

Appendix 1 – Title

Urban Planning Report - Appendix 2 – Site and Proposal Plans | 15

Appendix 2 – Site and Proposal Plans

Urban Planning Report - Appendix 3 – EPBC Act Protected Matters Report | 16

Appendix 3 – EPBC Act Protected Matters Report