By Ethan Benedicto and Corey Everitt
A new telecommunications tower is set to be constructed on Paternoster Road after a legal dispute with the local residents.
The Cardinia Shire Council had granted a permit for the project led by Indara Infrastructures, in the Town Planning Committee meeting in October 2022.
The project’s aim is to build a 43-metre monopole at 44 Paternoster Road, south side of the road near the intersection with Bailey Road.
The properties of 1, 4, 6 and 23 Paternoster Road have objected to the permit, their primary concern being the landscape, including their private view from their homes and the public view from the general area.
VCAT member Rachel Naylor oversaw the tribunal, considered the matters of planning permissions, right of review, location, and weighing up the effects and benefits on the public.
Obtaining a planning permission was required for Indara since the area was located in a
Green Wedge Zone, as well as the fact the location is located within 100 meters of a residence.
Not all objectors were within 100 metres, however all had the right to object on the matter of impact to the community.
Three other factors were disputed over relevance to the case, including the Cardinia Planning Schemes guidelines to Telecommunication Towers, Green Wedge Zone and Environmental Significance Overlay (ESO1).
At least one to several objecting properties were found to have relevance to these issues.
Lawyer Mark Bartley represented objectors referred to as ‘Crafter and others’ and highlighted their key issues as being the impact on the character of the area, to look of the proposed tower and if there are any alternative sites to be considered.
Representing Indara, lawyer John Rantino contested these by stating that there is a need for this new tower and it’s necessary to replace an existing facility locally.
The current tower is located at 5B Paternoster Road and will be shut down on 26 October due to the water tower reservoir attached to the property being decommissioned as well.
Optus operator the facility the tribunal heard from Syed M Saqib, technical specialist for Optus who described how the current tower provides for Cockatoo and the broader area and is a “fundamental technological requirement for the residents and the tourists” in the area.
Crafter proposed an alternate location along Paternoster Road to the north east of the proposal.
Ms Naylor did not support this alternative, primarily due to the proximity to powerlines of the site.
On the matter of alternate sites, Ms Naylor referred to ESO1 guidelines, where considering an alternative site was granted if it is about protecting and enhancing environmental landscape values.
Ms Naylor had concluded that since Indara’s proposal is near a collection of mature
canopy trees, there is no impact on the environmental values.
The tribunal consider impact on views of the landscape, with multiple photos submitted by the residents of possible views from the public,
Ms Naylor had decided that the impact would be limited.
There are no places for traffic to stop at Paternoster Road, and the 80 kilometres per hour
speed limit with the number of trees provides a small window to see the view and the
tower.
Most private views from the properties, all selected by the residents, were decided to have
little to no impact at all, considering the vegetation and lack of visibility of the tower.
The only impacted property around this proposal, relevant to the guidelines would be the
Griffiths and More property, according to Architect Peter Haack who appeared at the tribunal to provide visual evidence of the proposal.
When it came to a visual impact, Ms Naylor accepted that the Griffiths and More property would be affected.
However, Ms Naylor stated the benefit and necessity of the facility to the wider community had to be considered, and determined it outweighed the adverse effects to nearby properties.
Ms Naylor upheld the permit to Indara for the telecommunications tower, which requires a development plan as well as following tree protection and earthwork guidelines.
