The Shire of Hornsby
Executive Manager's Report No. PLN175/08
Planning Division
Date of Meeting : 08/20/2008

Item No: Subject:

DEVELOPMENT APPLICATION NO.: Development Application No. 1931/2007 (lodged 19 December 2007).

PROPOSAL: Installation of a mobile phone tower and equipment shelter.

PROPERTY: Rofe Park, Lot 405-420, Lot 664, Lot 384, Lot 882 DP 752053, Lot 7063 DP 93660, Lot 23 DP 40000, Lot 7013 and 7014 DP 752048 (No.100X) Galston Road, Hornsby Heights


OWNER: Department of Lands

ZONING: Open Space A (Public Recreation – Local
Open Space B (Public Recreation-District)



A. The application proposes the installation of a mobile phone tower and associated equipment shelter in Rofe Park, Galston Road, Hornsby Heights.

B. Council, at its Planning Meeting held on 2 July 2008 considered DA/1931/2007 for the installation of a mobile phone tower and equipment shelter in Rofe Park, Galston Road, Hornsby Heights, for the second time and resolved the following:

C. In response to Council’s resolution, additional information has been submitted by the applicant. This information is the subject of this report, which should be read in conjunction with Planning Report No. PLN42/08 and Planning Report No. PLN137/08, both of which contain detailed assessments of the proposal against relevant statutory instruments including Council policies, as well as consideration of a number of concerns raised by the local community.

D. Recommend Council consider the attached report prepared by Natasha Mavlian, Planning Consultant, and determine the application.


In accordance with Council policy, the following options are provided:

Option 1.1 is recommended by the consultant:


The responsible officer for this report is Aditi Coomar. For further information please telephone Assessments Team Manager, Mr Rod Pickles on 9847 6731.


THAT Council consider the report and recommendation prepared by Natasha Mavlian, Planning Consultant for Development Application No. 1931/2007 involving the “Installation of a mobile phone tower and associated equipment shelter. ” and determine the application viz:

THAT Development Application No. 1931/2007 for the installation of a mobile phone tower and associated equipment shelter be approved generally in accordance with plans prepared by John Holland Telecommunications dated 27-08-07 subject to the following consent conditions Nos. 1 to 20:


Approved Plans and Supporting Documentation

1. The development must be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

Plan No.Drawn byDated
N28000/S2John Holland Telecommunications27-08-07
N28000/S3John Holland Telecommunications27-08-07
N28000/G1-2John Holland Telecommunications27-08-07
N28000/A1John Holland Telecommunications27-08-07
N28000/SJohn Holland Telecommunications27-08-07

Plans on Site

2. A copy of all approved plans, specification and documents (including the construction certificate if required for the work incorporating certification of conditions of approval) shall be kept on site at all times so as to be readily available for perusal by any officer of Council or the Principal Council/Accredited Certifier.

3. The finished surface materials, including colours and texture of the tower and associated equipment shelter shall blend with the surrounding environment and shall be non-glare.

4. A Landscape Plan is to be submitted prior to the issue of a construction certificate illustrating appropriate screen planting around the equipment shelter. Drought resistant plants endemic to the area should be selected. All planting is to be completed prior to the issue of a final occupation certificate.

5. All noise generated by the proposed development is to be attenuated to prevent levels of noise being emitted to adjacent premises which possess tonal, beating and similar characteristics or which exceeds background noise levels by more than 5dB(A).

6. The facility is to operate in accordance with all relevant Commonwealth, Stage and Local legislation, codes and guidelines.


Site Works

7. No site or building works, including the removal of vegetation or any demolition works, shall be commenced prior to: Principal Certifying Authority

8. Before any construction works commence, you are required to appoint a Principal Certifying Authority as required by section 81A of the Environmental Planning & Assessment Act, 1979. The Principal Certifying Authority is responsible for ensuring that all the works are carried out in accordance with the approved plans and specifications. Notifying Council of Commencement of Works

9. It is a requirement of the Environmental Planning and Assessment Act, section 81A(2)(c) that you notify Hornsby Council at least two (2) days prior to the intention to commence works. Building Code of Australia

10. All building work must be carried out in accordance with the requirements of the Building Code of Australia. Council Property

11. The land and adjoining areas are to be kept in a clean and tidy condition at all times. Litter and rubbish shall be placed in containers and removed from the site. A waste storage container is to be provided at the commencement of the building work. 12. The cost of repairing any damage caused to Council's assets as a result of construction works associated with the approved development is to be met in full by the applicant/developer prior to the issue of a occupation certificate.

Sediment & Erosion Control

13. Temporary sedimentation and erosion controls are to be constructed prior to commencement of any work to eliminate the discharge of sediment from the site. The controls are to be designed and installed in accordance with the requirements of Landcom’s “Managing Urban Stormwater: Soils and Construction”, Volume 1, 4th Edition, March 2004, (the Blue Book), and Hornsby Shire Council’s “Sustainable Water Best Practices” manual and shall:- Signs for Construction Sites

14. On-site signage is required to clearly identify the PCA and the principal contractor (the coordinator of the building work) pursuant to the Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003, s157(1)(c1), Cl 98A, 136C & 227A. Hours of Construction

15. In order to maintain the amenity of adjoining properties, site works shall be restricted to between 7.00 am and 6.00 pm, Monday to Friday and 8.00 am to 1.00 pm Saturday. No work shall be undertaken on Sundays or public holidays. Plant, goods or materials shall not be delivered to the site outside the approved hours of site works unless otherwise approved by Council. Sydney Water

16. The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. For Quick Check agent details please refer to “Your Business” section of Sydney Water’s web site at then see Building & Renovating under the heading Building & Renovating, or telephone 13 20 92. 17. The consent authority or a private accredited certifier must ensure that a Quick check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate. Long Service Levy

18. Under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 any work costing $25,000 or more is subject to a Long Service Levy. The levy rate is 0.2% of the total cost of the work and shall be paid to either the Long Service Payments Corporation or Hornsby Shire Council. Under section 109F (1) of the Environmental Planning & Assessment Act, 1979 this payment must be made prior to a construction certificate being issued. Occupation

19. The building or part thereof shall not be occupied until an occupation certificate has been issued in accordance with Sections 109C and 109H of the Environmental Planning & Assessment Act, 1979.


20. The exposure levels of the telecommunications infrastructure are to be monitored, maintained and adjusted (when applicable) in accordance with current and revised statutory human exposure standards. Due diligence must be exercised in reviewing exposure standards such that the precautionary principle is applied in addressing public health issues arising in the future regarding telecommunications installations.”

Acting Manager
Assessments Team

Endorsed By

Executive Manager
Planning Division


Attachments: Consultants Report (10 pages) 175-08a.pdf
Telstra Response Letter (9 pages) 175-08b.pdf
RF EME Survey Report (13 pages) 175-08c.pdf
Executive Manager's Report No. PLN137/08 & Minutes (68 pages) 2008 HSC EBP2008 HSC EBP