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Forster Drive tower

This page has information about a planned tower of 63 metres in Forster Drive, Bawley Point.
Information is posted chronologically. If you wish to post information here email the PA President.
A group opposing the tower in this location have produced an information sheet which is attached here.

Telecom guidelines

This document may be useful as as reference.
telecom_guidelines.pdf
File Size: 2479 kb
File Type: pdf
Download File


Balloon raising to assess visual impact of tower

Helium balloons will be raised to the proposed tower height one morning this week. This needs a very still morning. We will let you know via this website when the balloons are planned. That way you can have a look and see where the tower can be seen from. Also photographs would be helpful for future community discussions.
26 Sept 2011
Progress Association

Planned tower Forster Drive Bawley Point


This is a summary of the discussion about the tower at the PA General Meeting Monday 19 September 2011
A 50 metre communications tower is to be built on Forster Drive, Bawley, by American corporation Crown Castle, an international company that builds infrastructure for broadcasting and mobile telephony. Under NSW Government legislation enacted last year (SEPP (Infrastructure) 2007) no community consultation is required if a development ‘complies’. This tower has been deemed as complying by a private certifier engaged by Crown Castle. However, Council does not consider the development is compliant and has written to Crown Castle about this, insisting that it comply or else Council will take legal action. There was widespread agreement at the meeting that the lack of community consultation engendered by the NSW State Government legislation is unacceptable, and that Crown Castle’s lack of community consultation on this matter, whilst legal, is unethical. The meeting resolved that the PA writes to NSW Government representatives about our dissatisfaction with SEPP (Infrastructure) 2007. The meeting was in agreement that it was necessary to communicate this message with the hope that the legislation will be challenged and other NSW communities will not be excluded from consultation about important developments in the future.

There was a diversity of opinion at the meeting about the necessity or otherwise of a communications tower locally. The point was also made that technical reasons mean that mobile coverage and television signal is likely to decrease in quality in Bawley Point, though improvements are anticipated in Kioloa. Some attendees who have homes close to the planned tower (100 metres for some families) were positive about the area having a tower but believe it should not be close to residences. Many residents, including some not living near the planned tower, expressed concerns about potential negative health impacts of living close to a communications tower, although other members believe this concern lacks evidence. There was also a diversity of opinion about whether improved mobile communication is positive or negative for local tourism. Concerns were expressed about the visual impact on the area.

A representative of the PA’s tower sub-committee said that there were not many suitable locations locally for a communications tower, and that the possible location identified by the sub-committee in the bush on Forest Rd/Dangerboard Rd, Kioloa has been recently dismissed by Crown Castle as technically unsuitable. The Chair noted that the tower sub-committee has made considerable efforts to finding a mutually acceptable location for a tower but that Crown Castle had not been responsive to the sub-committee’s communications.

Councillor Amanda Findley reported that the Culbarra community had an excellent outcome through consultation with Telstra with the result being less intrusive monopole structures in the Culbarra area and improved communications. However, the meeting agreed that as Crown Castle have demonstrated an unwillingness to consult with our community about this tower, a negotiated mutually acceptable outcome of this sort is unlikely for Bawley Point and Kioloa residents.

It is noted that Peter White has now resigned as Chair of the Tower sub-committee.


Communications Tower update

(Please also see below a message from Joanna Gash MP, dated 11 Sept 2011)

Communications Tower Update 8 September 2011
From: Peter White, Chairman PA Tower Subcommittee
As most are already aware, Crown Castle have proposed the construction of a Communications (mobile phone) tower on land adjacent to the western end of Forster Drive, Bawley Point. The proposed tower is a 50m high structure which will provide mobile phone coverage to Bawley/Kioloa area. The height and location of the tower is dictated by available land and the necessity for microwave line-of-sight with towers in the Ulladulla area.

At this stage it is not known what carriers will use the proposed tower.

Development Documentation

More information on the proposed tower can be obtained by viewing the development documentation on the Shoalhaven city Council website at:

http://www3.shoalhaven.nsw.gov.au/masterviewUI/modules/ApplicationMaster/default.aspx?page=wrapper&key=59433&propkey=57367

The documents are listed under CD11/1162.

Development Process

The approval process for the construction of the tower is being done under State Environmental Planning Policy (Infrastructure) 2007 (SEPP) which allows for mobile phone towers to be constructed on rural land where the tower is 50m or less and it complies with all relevant legislative requirements. Note that this process is outside of the normal Council DA process.

The SEPP can be found at the following website. In particular note "Division 21 - Telecommunications and other communications facilities"

http://www.legislation.nsw.gov.au/maintop/view/inforce/epi+641+2007+FIRST+0+N/

Date of Construction

CD11/1162 documentation suggested construction would commence on 10 September 2011. Crown Castle have advised that this was an arbitrary date included for the purposes of the application. A realistic date would have been more helpful to residents. Notwithstanding this, Crown Castle have advised that construction would not commence until telecommunications carriers (such as Telstra and Vodaphone) are signed up to the project and that the carriers had completed consultation with the local community. Details of how this consultation is to occur are not known at this stage.

Objections

Although there is strong support for improved mobile phone communications in the area, a number of residents have raised objections to the proposed tower. These residents have established a No Tower Action Group and have established a Facebook page to coordinate action. See "No Tower in Forster Drive" on Facebook for more information.

Issues Raised

The proposed development has raised a number of issues and questions that are causing concern to the local community. Where possible answers to those issues are provided below.

Development Process. The proposal has been developed in accordance with the State Environmental Planning Policy (Infrastructure) 2007 (SEPP).

Compliance with Relevant Legislation. The proposed tower must comply with the provisions of the SEPP and any other relevant legislation. Failure to comply would result in non-approval of the development.

Clearance of Vegetation. Crown Castle have confirmed to the Shoalhaven City Council that no vegetation will be removed in the construction of the tower and access track.

Height of Tower. The documentation contained in CD11/1162 includes the manufacturer’s plans for a standard communications tower. These plans show a tower height of 62m. The tower constructed would be in accordance with these plans but only constructed to 50m.

Health Risks

The Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) have advised:

"Mobile phone base stations and telecommunications towers produce weak radiofrequency (RF) electromagnetic energy (EME) exposure levels. The weight of national and international scientific opinion is that there is no substantiated evidence that RF emissions associated with living near a mobile phone base station or telecommunications tower poses a health risk.

Levels of RF EME from mobile phone base stations are well below the limits specified by the Australian Communications and Media Authority (ACMA). In fact, a nationwide study published in 2000 by ARPANSA found the typical exposure level from mobile phone base stations is hundreds and sometimes thousands of times below the regulated limit.

The World Health Organisation’s current advice is:

"None of the recent reviews have concluded that exposure to RF fields from mobile phones and their base stations cause any adverse health consequences."

ARPANSA Fact Sheet 9

For more information on the health risks presented by mobile phone towers, see the following websites:

Australian Radiation Protection and Nuclear Safety Agency: http://www.arpansa.gov.au/eme/index.cfm

Australian Communications Management Authority (ACMA)

http://www.acma.gov.au/WEB/STANDARD/pc=PC_310377

Australian Mobile Carriers Forum (MCF) Fact Sheets

http://www.mcf.amta.org.au/pages/Fact.Sheets

World Health Organisation (WHO) – "Electromagnetic fields and public health: mobile phones"

http://www.who.int/mediacentre/factsheets/fs193/en/index.html

Message from Joanna Gash MP

Sent: Sunday, September 11, 2011 12:08 PM Subject: RE: Communications Tower - Bawley Point Hello
 Thankyou for your email...I was not aware of the proposed DA.  So I asked Telstra for some information and they have advised me that
 1.  Telstra is NOT locating on this proposed tower.

2. Telstra had worked with Crown Castle (CCI)on a tower in the Bawley Point /Kioloa area and agreed to locate on a tower on a chosen position.  However, they were unable to come to an agreement with the site owner so CCI proposed this new location, but upon review Telstra considered the location unsuitable from both a coverage as well as environmental considerations

3. Telstra is unable to provide further comment or information on the current position and suggest that CCI are engaged for further clarification on this particular proposal and details related to which telecommunications companies will be using the site.

4. So could I suggest that council calls a public meeting to discuss this proposal both with the community and the proposal of the DA.  Let me know if I can assist further.

Regards

Joanna Gash
Joanna Gash MP
Federal Member for Gilmore

Mob;                0427 160 170
Ph;                    02 4423 1782 
Fax;                  02 4423 1785
www.joannagash.com.au


[This information is from an email sent to the PA and others by Joanna Gash]



Updates from local people who are opposed to the tower are on Facebook page called

NO TOWER IN FORSTER DRIVE

SUNDAY 4 Sept

Forster Drive Telecommunications Tower 

A community meeting was held on Sunday 4th September 2011, at the proposed telecommunication tower site on Forster Drive in Bawley Point, it was decided by those in attendance that we should approach a local lawyer and ask them to review the information that we have collectively gathered to see whether we might be able to proceed with an injunction against the Complying Development put forward to council by Crown Castle.  This process must be completed as soon as possible as Crown Castle are scheduled to commence work on the site on Saturday 10th September 2011.

[This information provided to the PA by residents of Forster Drive]

Messages from Councillor Amanda Findley
message No 1

Dear Bawley Friends,

Well it seems unfathomable but true, Crown Castle Communications have given residents of Bawley Point the royal bird and managed to gain approval for a 50m tower in Foster Drive.

Under State Environment Planning Policy (SEPP) for Infrastructure- a policy that to the best of my understanding was introduced in 2009 to allow for the fast tracking of infrastructure projects.

So in a complete an utter disregard for community consultation developers can get away with not notifying the neighbours and not supplying documents to Council other than a certificate from a Private Certifier.

The NSW Planning System is broken when residents are not told of what is happening in their own backyard and there need to be some third party right of appeal- I’m in the process of checking that at the moment.

The whole idea that developers can pay a private certifier to give them approval for a complying development is also not in the communities best interest- this should be the task of the regulator i.e. Shoalhaven City Council who used to do all certifying up until 5 years ago.

In the mean time we need to alert as many people as possible and act swiftly to express our concerns to the local member.

 

THIS IS IMPORTANT TO DO because the planning act is currently being reviewed and they need real life examples of how such policy effects PEOPLE and the environment.

Council staff have some queries with the application and have asked the applicant to respond again I’m just waiting to see if that will be made public.

I will keep you posted on any progress I make  in the mean time please right to Ms Hancock.

Regards

Amanda
Amanda Findley
Greens Councillor Third Ward
Shoalhaven City Council

_____________________________

(02 44543257 |  Ê02 44295579

Mobile  0434 151 730
*findleya@shoalhaven.nsw.gov.au 
8  http://shoalhaven.nsw.gov.au

blog http://amandashoalhavengreens.blogspot.com


[This information is from an email sent to the PA and others by Amanda Findley]

Message No 2 from Amanda Findley
It seems that we have very little to attempt to overturn this application. However when reading through the legislation it notes that complying development only complies when vegetation is not to be cleared or the appropriate permit has been approved.

Check the legislation here and see if you agree its section 20 (g)

http://www.legislation.nsw.gov.au/maintop/view/inforce/epi+641+2007+FIRST+0+N/

I can’t see how such a large tower, its power line, compound and access road can be built without clearing vegetation.

The documents are now all on the DA tracking site available at this link- they are large documents and take some time to download.

http://www3.shoalhaven.nsw.gov.au/masterviewUI/modules/ApplicationMaster/default.aspx?page=wrapper&key=59433&propkey=57367

The Complying development certificate has been issued by Ken Smith-if you all believe that the development doesn’t comply especially in regards to the clearing of native vegetation you should write to Mr Smith and express your point of view- if that feels pointless and you think its worth escalating you could possibly make a formal complaint the process is outlined in the following link.

http://www.planning.nsw.gov.au/LinkClick.aspx?fileticket=mTt6o6qQWPw%3D&tabid=103

I think that it is really worthwhile to bring this issue to the attention of the minister as it shows how hopeless the complying development/private certification system is- especially as people are not notified on issue that have such a big impact. I have included the ministers details below as well as Greens MLC David Shoebridge who has been making representations to the review of planning. Its important that David gets the information as well as having real examples strengthens the case for policy reform.

If any more information or a lightning bolt idea comes my way I will be in touch- if I can make it on Sunday at 4pm I will but can’t commit at this point. Please feel free to publish this material on the website.

Regards

Amanda

Amanda Findley
Greens Councillor Third Ward
Shoalhaven City Council


[This information is from an email sent to the PA and others by Amanda Findley]



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