This week the MCF, a member funded forum of AMTA representing Telstra, Optus and VHA, wrote to Byron Shire in response to a call for submissions on the Shire’s proposed Development Control Plan for Telecommunications.

A Development Control Plan or DCP is a detailed guideline produced by a Council to illustrate the controls that apply to a particular type of development or in a particular area, and is made according to the rules in the NSW Environmental Planning and Assessment Act 1979.

In commenting on the proposed Byron DCP, MCF Program Manager Matt Evans explained that “Essentially, the DCP should strike an appropriate balance between provision of reliable mobile telecommunications and protection of the visual environment and landscape. Sometimes Council’s don’t quite strike that balance”.

In its submission the MCF recognises Byron’s distinctive natural assets and encourages Byron Shire to ensure that its DCP is broadly consistent with the NSW State Environmental Planning Policy (Infrastructure) and NSW Telecommunications Guideline which were gazetted by NSW Planning Minister Tony Kelly less than a fortnight ago.

“The need for Byron’s DCP has diminished significantly as the rules in the Statewide SEPP controls and Guidelines which the Carriers must now comply with provide appropriate protection for visual amenity”.

In contrast to the Byron DCP, the State SEPP provides:

• Stronger incentives for the co-location of telecommunication towers or extension of existing facilities rather than building a new tower;
  
• Ensuring consultation is compliant with the legally-enforceable industry code requiring carriers to adequately consult local communities when new infrastructure is being planned and installed;
  
• Expanding the range of facilities to which visual impact restrictions apply in heritage areas; and,
  
• Emphasising health and safety requirements and demonstration of compliance with national Standards.

The MCF’s submission explains that Byron’s approach to the issue of compliance with emissions standards is to give preference to locations for telecommunications poles with an arbitrary buffer of 300m from houses and schools. Council’s preferences have no regard for the way mobile network facilities operate. If a telecommunications facility was to be sited further from houses and schools the facility may in fact need to operate at a higher power level to operate effectively and this could result in higher exposures, which would be inconsistent with a “precautionary approach” which aims to minimise emissions.

The MCF will seek to work with Byron Shire to find a balance between provision of reliable mobile telecommunications and protection of the Shire’s distinctive environment.