State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications Facilities) 2010 (2010-375) LW 16 July 2010 (NSW)
2010 No 375
| New South Wales |
State Environmental Planning Policy
(Infrastructure) Amendment
(Telecommunications Facilities) 2010
under the
Environmental Planning and Assessment Act 1979
The Administrator, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979. (09/01012)
TONY KELLY, MLC Minister for Planning
| Published LW 16 July 2010 | Page 1 |
| 2010 No 375 | State Environmental Planning Policy (Infrastructure) Amendment |
| Clause 1 | (Telecommunications Facilities) 2010 |
State Environmental Planning Policy (Infrastructure)
Amendment (Telecommunications Facilities) 2010
under the
Environmental Planning and Assessment Act 1979
1 Name of Policy
This Policy is State Environmental Planning Policy (Infrastructure)
Amendment (Telecommunications Facilities) 2010.
2 Commencement
This Policy commences on the day on which it is published on the NSW legislation website.
3 Repeal of Policy
|
| State Environmental Planning Policy (Infrastructure) Amendment | 2010 No 375 |
| (Telecommunications Facilities) 2010 |
| Amendment of State Environmental Planning Policy (Infrastructure) 2007 | Schedule 1 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Infrastructure) 2007 |
[1] Clause 73 Development for purpose of Port Kembla Coal Terminal
Omit the clause.
[2] Part 3, Division 21, note
Omit the note at the beginning of the Division. Insert instead:
Note. Clause 1.8 (2) of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the Codes SEPP) provides that if the Codes SEPP and this Policy specify the same development as either exempt or complying development, the Codes SEPP does not apply to that development if:
| (a) | the development is carried out by a person who may carry out the development under this Policy, and |
| (b) | in the case of development for the purposes of the construction or installation of an aerial or antenna—the aerial or antenna is for use for some purpose other than: |
(i) receiving television or radio signals, or
(ii) in connection with community band or two-way radio (or any combination of these uses), or
(iii) any combination of the uses referred to in subparagraphs (i) and (ii), and
| (c) | in the case of development for the purposes of the construction or installation of a radio or satellite communications dish—the dish is for use for some purpose other than receiving television or radio signals (or both). |
Also, installation of a telecommunications facility of a kind identified as a low-impact facility in the Low-Impact Facilities Determination may be exempt from State laws under Schedule 3 to the Telecommunications Act 1997 of the Commonwealth.
[3] Clause 113 Definitions
Insert “and Schedule 3A” after “In this Division”.
[4] Clause 113
| Omit the definitions of ACIF Code and subscriber connection. Insert in alphabetical order: |
ancillary facilities to a telecommunications facility means any of
the following:
| (a) | safety rails, fences or guards, |
| (b) | staircases or ladders, |
| (c) | steel walkways, |
| 2010 No 375 | State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications Facilities) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Infrastructure) 2007 |
| (d) | spreader beams supporting shelters, |
| (e) | screens or shrouds, |
| (f) | cable trays, |
| (g) | pole, rail or pedestal mounts, |
| (h) | electromagnetic energy, safety or operational signage, |
(i) anti climbing devices,
| (j) | power supply such as cabling, standby generators or small solar arrays, |
| (k) | raised platforms on flood liable land. |
| arranged in a regular structure to form a single antenna. Cable Networks Code means the Australian Communications Industry Forum Industry Code entitled ACIF C524:2004 External Telecommunication Cable Networks. carrier has the same meaning as in the Telecommunications Act 1997 of the Commonwealth. Civil Aviation Safety Authority means the Civil Aviation Safety Authority established under the Civil Aviation Act 1988 of the Commonwealth. co-location purpose means for the purpose of placing the telecommunications facilities of two or more carriers on the same support structure. directional antenna means an antenna that focuses a narrow beam in a single specific direction, and includes an array of such antennas. Electromagnetic Radiation Standard means the | array of antennas means two or more antennas connected and Exposure) Standard 2003 made under section 162 of the Radiocommunications Act 1992 of the Commonwealth. emergency, in relation to a telecommunications facility, means circumstances in which the facility must be installed without delay to protect: | |||||||||
|
| State Environmental Planning Policy (Infrastructure) Amendment | 2010 No 375 |
| (Telecommunications Facilities) 2010 |
| Amendment of State Environmental Planning Policy (Infrastructure) 2007 | Schedule 1 |
equivalent land use zone, in relation to a named land use zone, means a land use zone that is equivalent to the named land use zone.
Note. Land use zones that are named in this Policy are those set out in the Standard Instrument. See also clause 6 for the meaning of a land use zone that is equivalent to a named land use zone.
heritage item means a local heritage item or a State heritage item. Low-Impact Facilities Determination means the Telecommunications (Low-impact Facilities) Determination 1997 made under clause 6 (3) of Schedule 3 to the Telecommunications Act 1997 of the Commonwealth.
maintenance activities, in relation to a telecommunications facility, means painting, restoration or minor replacement of materials, elements, components, equipment or fixtures that comprise the facility for the purposes of maintaining or ensuring the proper functioning of the facility.
microcell installation means an installation that comprises one or more antennas and associated equipment cabinets for use in supplementing a mobile phone network in heavy usage areas by providing localised additional coverage or extra call capacity (or both).
Mobile Phone Networks Code means the Australian Communications Industry Forum Industry Code entitled ACIF C564:2004 Deployment of Mobile Phone Network Infrastructure.
omnidirectional antenna means an antenna that sends or
receives signals equally in all directions, and includes:
| (a) | an array of such antennas, and |
| (b) | such an antenna for repeater installations, global positioning systems and the like. |
panel antenna means a directional antenna that is flat and has a
panel-like appearance.
Radiation Protection Standard means the Radiation Protection
Standard entitled Maximum Exposure Levels to Radiofrequency
Fields—3 kHz to 300 GHz (2002) published by the Australian
Radiation Protection and Nuclear Safety Agency.
subscriber connection means an installation for the sole purpose
of connecting premises to a telecommunications network.
support mount, in relation to a telecommunications facility,
means a structure to support the facility, but does not include a
tower.
| 2010 No 375 | State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications Facilities) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Infrastructure) 2007 |
tower means a freestanding ground-based structure that supports a telecommunications facility at a height where it can satisfactorily send and receive radio waves, but does not include the facility.
yagi antenna means an antenna that radiates in only one direction, consisting of one or two dipoles connected to the transmitting or receiving circuit, and several insulated dipoles all parallel and about equally spaced in a line.
[5] Clause 114 Development permitted without consent
Insert at the end of clause 114 (2) (b):
, and
| (c) | 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. |
[6] Clause 114 (4)
Omit “clause 116 (1) (a)”. Insert instead “clause 116”.
[7] Clause 114 (5)
Omit “ACIF Code”. Insert instead “Cable Networks Code”.
[8] Clause 115 Development permitted with consent
Insert “or development that is exempt development under clause 20 or 116” after “clause 114” in clause 115 (1).
[9] Clause 115 (2)
Omit “ACIF Code”. Insert instead “Cable Networks Code”.
[10] Clause 115 (3)
Insert after clause 115 (2):
| (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. |
| State Environmental Planning Policy (Infrastructure) Amendment | 2010 No 375 |
| (Telecommunications Facilities) 2010 |
| Amendment of State Environmental Planning Policy (Infrastructure) 2007 | Schedule 1 |
[11] Clauses 116–116D
Omit clause 116. Insert instead:
|
Development carried out by or on behalf of any person on land in connection with a telecommunications facility is exempt development if:
| (a) | it is for any of the purposes specified in Part 1 of Schedule 3A, and | |||
| (b) | it meets the development standards (if any) for the development specified in Part 1 of Schedule 3A, and | |||
| (c) | it complies with clause 20 (2), and | |||
| (d) | the land on which the development is proposed to be carried out is not located in an environmentally sensitive area within the meaning of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, and | |||
| (e) | in the case of development that involves the installation of equipment—it is carried out in accordance with the applicable specifications (if any) of the manufacturer for the installation of such equipment, and | |||
| (f) | in the case of development that is development of a kind to which the Mobile Phone Networks Code applies: | |||
|
Note. If the development is for a co-location purpose, then the new telecommunications facility must be designed, installed and operated so that the resultant cumulative levels of radio frequency emissions of the co-located telecommunications facilities are within the maximum human exposure levels set out in the Radiation Protection Standard.
| (g) | in the case of development for the purpose of boring or directional drilling in connection with a telecommunications facility or for the purpose of an underground conduit or cable deployed by either trench or direct burial: | |
|
| 2010 No 375 | State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications Facilities) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Infrastructure) 2007 |
government authority (ie, any hours within the
range of 7 am to 5 pm), and
(ii) where the development is on land in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone— not more than 100 metres of excavation is left open at any time and vehicle access to each affected property is not lost for more than 8 hours in total, and
| (h) | it complies with any relevant site and height requirements specified by the Civil Aviation Regulations 1988 and the Airports (Protection of Airspace) Regulations 1996 of the Commonwealth, and |
Note See the Advisory Circular 139-08(0) entitled Reporting of Tall Structures issued by the Civil Aviation Safety Authority in 2005 concerning these requirements.
(i) it does not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 30 kilometres of the proposed development and reported to the Civil Aviation Safety Authority, and
| (j) | it does not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent. |
Note. A permit for the removal or pruning of a tree or other vegetation may be granted under a local environmental plan. A development consent for the removal of native vegetation may be granted under the Native Vegetation Act 2003.
| 116A | Complying development | |
|
| (a) | it is for any of the purposes specified by Part 2 of Schedule 3A, and |
| (b) | it meets the development standards (if any) for the development specified in Part 2 of Schedule 3A, and |
| (c) | it complies with the requirements of this clause. |
| State Environmental Planning Policy (Infrastructure) Amendment | 2010 No 375 |
| (Telecommunications Facilities) 2010 |
| Amendment of State Environmental Planning Policy (Infrastructure) 2007 | Schedule 1 |
| (2) | To be complying development, the development: | |||||||||
|
(i) comply with that Code, and
(ii) be designed, installed and operated so that the maximum human exposure levels to radio frequency emissions comply with the Radiation Protection Standard, and
Note. If the development is for a co-location purpose, then the new telecommunications facility must be designed, installed and operated so that the resultant cumulative levels of radio frequency emissions of the co-located telecommunications facilities are within the maximum human exposure levels set out in the Radiation Protection Standard.
| (f) | must comply with any relevant site and height requirements specified by the Civil Aviation Regulations 1988 and the Airports (Protection of Airspace) Regulations 1996 of the Commonwealth, and |
Note See the Advisory Circular 139-08(0) entitled Reporting of Tall Structures issued by the Civil Aviation Safety Authority in 2005 concerning these requirements.
| (g) | must not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 30 kilometres of the proposed development and reported to the Civil Aviation Safety Authority, and |
| (h) | must not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is |
| 2010 No 375 | State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications Facilities) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Infrastructure) 2007 |
undertaken in accordance with a permit or development
consent, and
Note. A permit for the removal or pruning of a tree or other vegetation may be granted under a local environmental plan. A development consent for the removal of native vegetation may be granted under the Native Vegetation Act 2003.
(i) must not involve land comprising, or on which there is, a heritage item.
Note. Section 76A (6) of the Act also provides that certain development cannot be complying development, including development on land that comprises, or on which there is, an item of environmental heritage.
| 116B | Complying development certificates |
A complying development certificate for development that is complying development under this Division is subject to the following conditions:
| (a) | if the development is part of infrastructure for a public mobile phone network—the principal certifying authority must, before work commences, be given: | |||
| ||||
| (b) | if the works are for an extension to a tower, replacement tower or new tower—temporary hoarding or a temporary construction site fence must be erected around the work site before the works commence and must be kept in place until after completion of works, | |||
| (c) | work must be carried out only between 7 am and 5 pm, Monday to Saturday, | |||
| (d) | work must not be carried out on a Sunday or public holiday, | |||
| (e) | run-off and erosion controls must be implemented in accordance with the plans to which the complying development certificate relates (before any disturbance to |
| State Environmental Planning Policy (Infrastructure) Amendment | 2010 No 375 |
| (Telecommunications Facilities) 2010 |
| Amendment of State Environmental Planning Policy (Infrastructure) 2007 | Schedule 1 |
the soil at the site) and maintained throughout the period of
the works,
| (f) | building materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held, |
| (g) | the work site must be left clear of waste and debris at the completion of works and restored, as far as possible, to the original condition. |
| 116C | Relationship of this Division with Telecommunications Act 1997 of Commonwealth | |||
| ||||
| 116D | Application of amendments made by State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications Facilities) 2010 |
A consent authority is not required to have regard to guidelines issued for the purposes of clause 115 (3) (as inserted by State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications Facilities) 2010) in relation to development applications made, but not finally determined, before the commencement of that subclause.
[12] Schedule 1 Exempt development—general
Omit the matter relating to aerials and antennae (not including satellite dishes).
| 2010 No 375 | State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications Facilities) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Infrastructure) 2007 |
[13] Schedule 3A
Insert after Schedule 3:
|
(Clauses 116 and 116A (1))
| Part 1 | Exempt development |
| Column 1 | Column 2 |
| Item Development purpose | Development standards |
| 1 | Subscriber and | 1.1 | If the development is carried out on land |
| non-subscriber connection | in Zone R1, R2, R3, R4, R5 or RU5 or | ||
| to a telecommunications | an equivalent land use zone or on a | ||
| network deployed by means | dwelling: | ||
| of radio or satellite dish |
|
| (including a | roof—the dish must not be more |
| radiocommunications dish) | than 1.2 metres in diameter and be no higher than 1.8 metres above the highest point of the roof, or |
| (b) | in the case of a ground mounted dish—the dish must: | |||||
|
| 1.2 | If the development is not carried out on land in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone or on a dwelling, the dish must be no more than 1.8 metres in diameter. |
| State Environmental Planning Policy (Infrastructure) Amendment | 2010 No 375 |
| (Telecommunications Facilities) 2010 |
| Amendment of State Environmental Planning Policy (Infrastructure) 2007 | Schedule 1 |
| Column 1 | Column 2 |
| Item Development purpose | Development standards | |||
|
| 2 | Panel antenna, yagi antenna | 2.1 | The antenna: | ||
| or other directional antenna |
|
be:
| (i) | more than 2.8 metres long, or |
| (ii) | more than 5.8 metres (including support mount) in height above the building or structure to which it is attached. |
| 2.2 | If the antenna is flush mounted, it must not project above the height of the structure on which it is mounted. |
| 2.3 | The antenna must be the same colour as its background or painted a neutral colour such as grey. |
| 2.4 | If the antenna is mounted on a heritage item or in a heritage conservation area other than by means of flush mounting, the antenna must not be visible from the street at ground level from the property boundary. |
| 2010 No 375 | State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications Facilities) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Infrastructure) 2007 |
| Column 1 | Column 2 |
| Item Development purpose | Development standards |
| 3 | Omnidirectional antenna | 3.1 | An antenna must not be: | |||
|
Government Radio Network in
which case must not be more
than 8.0 metres in height
including support mount.
| 3.2 | If an antenna is mounted on a heritage item or in a heritage conservation area, the antenna must not be visible from the street at ground level from the property boundary. |
| 4 | Microcell installation | 4.1 | If the installation includes a cabinet, the cabinet must be not more than 1 cubic metre in volume. |
| 4.2 | If the installation includes an omnidirectional antenna, the antenna must not be more than 1 metre long. | ||
| 4.3 | If the installation includes a directional antenna, the antenna must not be more than 1.2 metres long. | ||
| 5 | In-building coverage | 5.1 | All elements of the installation must be |
| installation (picocell | wholly located within a building, | ||
| installation) for the purposes | structure or tunnel, or integrated with | ||
| of improving broadband | the building, structure or tunnel in such | ||
| coverage to wireless | a way as to have the general appearance | ||
| technology users or the | of being part of the structure. | ||
| coverage of mobile phone users operating inside the building | |||
| 6 | Equipment installed inside a | 6.1 | Equipment installed inside a structure |
| structure | (including an antenna and fibre-optic cable) must be concealed in the existing structure. |
| State Environmental Planning Policy (Infrastructure) Amendment | 2010 No 375 |
| (Telecommunications Facilities) 2010 |
| Amendment of State Environmental Planning Policy (Infrastructure) 2007 | Schedule 1 |
| Column 1 | Column 2 |
| Item Development purpose | Development standards |
| 7 | An extension to a tower on | 7.1 | The extension must be: |
| land other than in Zone R1, |
|
| R2, R3, R4, R5 or RU5 or | height, and |
| an equivalent land use zone | (b) | for co-location purposes. |
| 7.2 | The tower to be extended must not have previously been extended. |
| 8 | Replacement of a tower | 8.1 | If the original tower is located on land in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone: |
|
the height of a replacement facilities), and
| (b) | the replacement tower must be located within 10 metres of the position of the original tower. |
| 8.2 | If the original tower is not located on land in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone: | |
|
the height of a replacement facilities), and
| (b) | the replacement tower must be located within 20 metres of the position of the original tower but |
no closer to land in Zone R1, R2, equivalent land use zone.
| 8.3 | The replacement tower must be similar in appearance to the original tower, except that a lattice tower (free standing steel framework tower) may be replaced by a monopole tower (free standing mast or pole like tower). |
| 2010 No 375 | State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications Facilities) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Infrastructure) 2007 |
| Column 1 | Column 2 |
| Item Development purpose | Development standards | |||
|
landscaped as appropriate.
| 9 | Underground housing | 9.1 | If the housing is in the form of a pit, manhole or other underground equipment shelter or housing, the opening area for the pit, manhole, shelter or housing must be not more than 2 square metres. |
| 9.2 | The land on which the housing is located must be restored to a condition that is similar to its condition before the underground housing was constructed. | ||
| 10 | Above ground housing of | 10.1 | If the development is a pillar, cabinet or |
| any of the following kinds: | pedestal installation, it must: |
| (a) | a pillar, cabinet or | (a) | not be more than 2 metres high, |
| pedestal installation, | and | ||
| (b) | an equipment shelter, | (b) | have a base area of not more than 2 square metres. |
| (c) | housing within a building for subscriber connection equipment, | ||
| (d) | if on land in Zone RU1, RU2, RU3, RU4, RU5 or RU6 or an equivalent land use zone—a solar panel used to power telecommunications equipment contained in the above ground housing. |
| State Environmental Planning Policy (Infrastructure) Amendment | 2010 No 375 |
| (Telecommunications Facilities) 2010 |
| Amendment of State Environmental Planning Policy (Infrastructure) 2007 | Schedule 1 |
| Column 1 | Column 2 |
| Item Development purpose | Development standards | |
|
shelter (other than an equipment shelter
used solely to house equipment
associated with any antenna,
radiocommunications, satellite or
microwave dish, or tower or the like), it
must:
| (a) | not be more than 2.5 metres high, and |
| (b) | 5 square metres (excluding minor protrusions such as air |
have a base area of not more than cable tray attachments), and
| (c) |
be the same colour as its colour such as grey.
| 10.3 | If the development is an equipment | |||
| shelter used solely to house equipment | ||||
| associated with any antenna, | ||||
| radiocommunications, satellite or | ||||
| microwave dish, or tower or the like, it | ||||
| must: | ||||
|
have a base area of not more than cable tray attachments), and
| (c) |
be the same colour as its colour such as grey.
| 10.4 | If the development is a solar panel used to power telecommunications equipment contained in the above ground housing, the base area of the panel must not be more than 7.5 square metres. |
| 2010 No 375 | State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications Facilities) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Infrastructure) 2007 |
| Column 1 | Column 2 |
| Item Development purpose | Development standards | |
|
| 11 | Underground conduit or | 11.1 | The conduit or cable may only be: |
| cable including subscriber |
| ||
| connection and fibre-optic |
|
| cable for broadband | lawfully created for any other purpose, or |
| (c) |
hauled or otherwise deployed or conduit, or
| (d) | installed in, on or under an existing bridge. |
| 11.2 | A marking post or sign must be erected indicating the location of the conduit or cable. |
| 11.3 | After the conduit or cable has been laid, deployed or installed, detectable metallic tracer material or similar material must be installed in or above the conduit or cable to assist with identifying the position of the conduit or cable. |
| 11.4 | The land under which the conduit or cable is installed must be restored to a condition that is similar to its condition before the conduit or cable was installed. |
| 12 | Above ground cable for | 12.1 | The cable must be co-located with an |
| subscriber connection or | above ground electricity supply | ||
| fibre-optic cable for | connection and installed in a manner | ||
| broadband | that is consistent with the requirements set out in the Cable Networks Code. | ||
| 13 | building for subscriber | ||
| Conduit or cable within a cable for broadband |
| State Environmental Planning Policy (Infrastructure) Amendment | 2010 No 375 |
| (Telecommunications Facilities) 2010 |
| Amendment of State Environmental Planning Policy (Infrastructure) 2007 | Schedule 1 |
| Column 1 | Column 2 |
| Item Development purpose | Development standards |
| 14 | Boring or directional | 14.1 | The boring or directional drilling must |
| drilling in connection with a | take place at a minimum depth of | ||
| telecommunications facility | 600 millimetres. | ||
| 14.2 | The land on which the boring or drilling is carried out must be restored to a condition that is similar to its condition before the drilling was carried out. | ||
| 15 | Public payphone | 15.1 | The public payphone cabinet or booth |
| must: | |||
|
not be designed for other uses machine), and
| (c) | not be fitted with devices or facilities for other uses, and |
| (d) | not display commercial advertising other than advertising related to the supply of standard telephone services. |
| 15.2 | The public payphone instrument must: | ||
|
not be designed for other uses machine), and
| (c) | not be fitted with devices or facilities for other uses, and |
| (d) | commercial advertising other than advertising related to the supply of standard telephone |
not be used to display the supply of a content service.
| 2010 No 375 | State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications Facilities) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Infrastructure) 2007 |
| Column 1 | Column 2 |
| Item Development purpose | Development standards |
| 16 | Installation and use of telecommunications facilities: | ||||||
| |||||||
| 17 |
| ||||||
| |||||||
|
| coverage during | condition than it was before the |
| either routine or | establishment of the facility, and |
| emergency | (b) | be removed within 28 days after |
| maintenance of an | the need for the facility has | |
| existing | ceased. | |
| telecommunications facility, or |
| (b) | to provide service or coverage during the construction or |
| installation of a replacement telecommunications facility, or | |
| (c) | to provide additional service or coverage at events such as sporting carnivals, cultural festivals, business conventions, or the like. |
| State Environmental Planning Policy (Infrastructure) Amendment | 2010 No 375 |
| (Telecommunications Facilities) 2010 |
| Amendment of State Environmental Planning Policy (Infrastructure) 2007 | Schedule 1 |
| Column 1 | Column 2 |
| Item Development purpose | Development standards |
| 18 | Ancillary facilities to a | 18.1 | If located on a heritage item or in a |
| telecommunications facility | heritage conservation area, the facilities | ||
| for any of the following | must not be visible from the street at | ||
| purposes: | ground level from the property boundary. |
| (a) | to ensure the | ||
| |||
|
telecommunications facility, members of the public in close
proximity to that facility or persons required to access and maintain that facility,
| (b) | to screen or shroud antennas or telecommunications equipment (or both) to minimise their visibility and improve visual outcomes. |
| 19 | Maintenance activities in | 19.1 | The maintenance activities must not |
| relation to a | result in any more than a minimal | ||
| telecommunications facility | increase in size, area occupied by, or | ||
| for any of the following | noise levels associated with the facility. | ||
| purposes: |
| (a) | the maintenance or repair of the facility, |
| (b) | to ensure the proper functioning of the facility. |
| 2010 No 375 | State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications Facilities) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Infrastructure) 2007 |
| Column 1 | Column 2 |
| Item Development purpose | Development standards |
| 20 | Installation and use of permanent transmission and power cabling (including underground cabling that meets the development standards for underground cable or boring or directional drilling under this Schedule) to enable installation and removal of temporary telecommunications facilities for the purpose of providing additional service or coverage at events such as sporting carnivals, cultural festivals or business conventions, or the like, on the site. |
| Part 2 | Complying development |
| Column 1 | Column 2 |
| Item Development purpose | Development standards |
| 1 | Subscriber and | 1.1 | If the dish is located on a roof, the dish |
| non-subscriber connection | must: | ||
| to a telecommunications |
|
| network deployed by means | diameter, and |
| of radio or satellite dish | (b) | be no higher than 2.4 metres |
| (including a | ||
| radiocommunications dish) | above the highest point of the | |
| on land in Zone R1, R2, R3, | roof. | |
| R4, R5 or RU5 or an equivalent land use zone |
| 1.2 | If the dish is ground mounted, the dish | |||||
| must: | ||||||
|
| State Environmental Planning Policy (Infrastructure) Amendment | 2010 No 375 |
| (Telecommunications Facilities) 2010 |
| Amendment of State Environmental Planning Policy (Infrastructure) 2007 | Schedule 1 |
| Column 1 | Column 2 |
| Item Development purpose | Development standards | |||
|
| 2 | A panel antenna, yagi | 2.1 | If the antenna is not flush mounted to an |
| antenna or other directional | existing structure: | ||
| antenna on land other than in |
|
| Zone R1, R2, R3, R4, R5 or | than 2.8 metres long, and |
| RU5 or an equivalent land | (b) | the antenna must not be more |
| use zone | than 8 metres (including support mount) in height above the building or structure to which it is attached, and | |
| (c) | conservation area—the antenna | |
| if located in a heritage street at ground level from the property boundary. |
| 2.2 | The antenna must be the same colour as its background or painted a neutral colour such as grey. |
| 3 | An omnidirectional antenna | 3.1 | An antenna must not be: |
| on land other than in |
|
| Zone R1, R2, R3, R4, R5 or | and |
| RU5 or an equivalent land | (b) | outrigged more than |
| use zone | 500 millimetres from the support mount. |
| 3.2 | The antenna must be the same colour as its background or painted a neutral colour such as grey. |
| 2010 No 375 | State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications Facilities) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Infrastructure) 2007 |
| Column 1 | Column 2 |
| Item Development purpose | Development standards | |
|
property boundary.
| 4 | An extension to a tower on | 4.1 | The extension must be: |
| land other than in Zone R1, |
|
| R2, R3, R4, R5 or RU5 or an | height, and |
| equivalent land use zone | (b) | for co-location purposes. |
| 4.2 | The tower to be extended must not have previously been extended. |
| 5 | New tower on land in | 5.1 | If the tower is located on land in |
| Zone IN1, IN2, IN3, RU1, | Zone IN1, IN2 or IN3 or an equivalent | ||
| RU2, RU3 or RU4 or an | land use zone, the tower must not: | ||
| equivalent land use zone |
|
boundary, or
| (b) | (including telecommunications facilities) where located between 100 and 150 metres from a |
exceed 25 metres in height or equivalent land use zone boundary, or
| (c) | (including telecommunications facilities), where located more |
exceed 30 metres in height R2, R3, R4, R5 or RU5 or equivalent land use zone boundary.
| State Environmental Planning Policy (Infrastructure) Amendment | 2010 No 375 |
| (Telecommunications Facilities) 2010 |
| Amendment of State Environmental Planning Policy (Infrastructure) 2007 | Schedule 1 |
| Column 1 | Column 2 |
| Item Development purpose | Development standards | |
|
| (a) | be located within 100 metres of a Zone R1, R2, R3, R4, R5 or RU5 or equivalent land use zone |
boundary, and
| (b) | (including telecommunications facilities) where located between 100 and 150 metres from a |
exceed 25 metres in height or equivalent land use zone boundary, and
| (c) | (including telecommunications facilities), where located more |
exceed 50 metres in height R2, R3, R4, R5 or RU5 or equivalent land use zone boundary.
| 6 | Ancillary facilities to a | 6.1 | If located in a heritage conservation |
| telecommunications facility | area, the facilities must not be visible from the street at ground level from the property boundary. | ||
| 6.2 | If the facilities include a standby power generator, it must be insulated to ensure noise levels do not exceed 35dB(A) | ||
| from outside the generator housing. |
| 2010 No 375 | State Environmental Planning Policy (Infrastructure) Amendment (Telecommunications Facilities) 2010 |
| Schedule 2 | Consequential amendment of other State environmental planning policies |
| Schedule 2 | Consequential amendment of other State environmental planning policies |
| 2.1 | State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| [1] | Clause 1.8 Relationship with other State environmental planning policies |
| Omit clause 1.8 (2). Insert instead: |
(2) If this Policy and State Environmental Planning Policy (Infrastructure) 2007 specify the same development as either exempt or complying development, this Policy does not apply to that development if:
| (a) | the development is carried out by a person who may carry out the development under State Environmental Planning Policy (Infrastructure) 2007, and | |||
| (b) | in the case of development for the purposes of the construction or installation of an aerial or antenna—the aerial or antenna is for use for some purpose other than: | |||
| ||||
| ||||
| (c) | in the case of development for the purposes of the construction or installation of a radio or satellite communications dish—the dish is for use for some purpose other than receiving television or radio signals (or both). |
[2] Clause 2.3
Omit the clause. Insert instead:
|
The construction or installation of an aerial or antenna, including a microwave antennae, is development specified for this code if:
| (a) | it is only for the purpose of receiving television or radio signals or for use in connection with community band or two-way radio (or any combination of these uses), and |
| (b) | it is not constructed or installed on or in, or in relation to, a heritage item or a draft heritage item. |
Note. See separate entry for communication dishes.
| State Environmental Planning Policy (Infrastructure) Amendment | 2010 No 375 |
| (Telecommunications Facilities) 2010 |
| Consequential amendment of other State environmental planning policies | Schedule 2 |
[3] Clause 2.4 Development standards
Omit clause 2.4 (1) (a).
[4] Clause 2.23
Omit the clause. Insert instead:
|
The construction or installation of a radio or satellite communications dish is development specified for this code if:
| (a) | it is only for the purpose of receiving television or radio signals (or both), and |
| (b) | it is not constructed or installed on or in, or in relation to, a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area. |
| 2.2 | State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development |
| [1] | Clause 2 Definitions |
| Omit the definition of satellite TV dish from clause 2 (1). | |
| [2] | Clause 3 Aims, objectives etc |
| Omit clause 3 (3) (c). | |
| [3] | Clause 17 When satellite dishes (other than for domestic purposes) are exempt development |
| Omit the clause. |
0
0
0