Bellbrae phone tower gets green light after VCAT decision

A PLANNING permit condition for a 30-metre-high mobile phone tower at 460 Grossmans Road Bellbrae has been amended by the Victorian Civil and Administrative Tribunal (VCAT), overriding objections from the Surf Coast Shire Council.

The location of the mobile phone tower is set for 460 Grossmans Road, Bellbrae. Note: The marker indicates the registered street address, not the tower location. For more details on the tower location within the Bellbrae property, refer to the map and information table below. Image: LAND VIC

On May 8, 2023, the Council initially approved the permit, but a contentious condition requiring tree planting sparked a dispute between developers Indara Corporation Pty Ltd (Indara) and CPS Technology and Infrastructure Pty Ltd (CPS Technology) and the council.

VCAT’s decision favoured the developers, deeming the original condition ‘not proportional’ and unnecessary for the landscape, emphasising the strengthening the character of the land by increasing the native vegetation.

The permit approves the construction of an approximately 30 metre high concrete monopole tower on top of which is to be installed an array of antennas for mobile phone communications, reaching a maximum overall height of 32.5 metres above ground level. Photo: SAURABH MISHRA

Condition 2 of the planning permit required the developers, Indara Corporation Pty Ltd (‘Indara’) and CPS Technology and Infrastructure Pty Ltd (‘CPS Technology’), to plant 530 metres of trees within the site along Coombes Road.

Indara and CPS Technology applied to VCAT to amend condition 2 on the basis that the original condition was unreasonable and onerous. They wanted to amend the condition so that that landscaping would only be 85 metres from the access gate on Coombes Road to the south west corner of the tower.

The red arrow points to the existing telecommunications tower. The proposed tower is to be sited approximately 55 metres south of the existing tower. It will be set back a minimum of 37 metres from the southern boundary of the property. The tower and associated equipment cabinet and compound will occupy an area of approximately 73 square metres. Photo: GOOGLE MAPS

The Council said that “any development that is allowed to be located in green breaks is sited so that buildings are responsive to the landscape and use established vegetation or new vegetation buffers to screen development when viewed from the public realm.”

Council also argued that infrastructure should be designed “to be sympathetic to the preferred character of settlements and landscapes by maintaining view lines and vantage points from key transport corridors and by providing vegetation that improves landscape character”.

The applicant argued that the original condition 2 “will result in a shift in landscape character from the current expansive agricultural scenery, in line with the sought-after preservation of the Mount Duneed Plain and Surrounds landscape character.”

VCAT Member Kerrie Birtwistle found in favour of the developers and said that the original condition was “not proportional to the matter for which a permit has been granted”.

She also said that “the view from Coombes Road towards the site is not particularly significant nor sensitive in the context of the range of landscape views that can be found in the surrounding locality”.

Information

The Permit	Development of a Telecommunications Facility
Nature of proceeding	Application under section 80 of the Planning and Environment Act 1987 – to review the conditions contained in the permit.
Planning scheme	Surf Coast Planning Scheme
Zone and overlays	Farming Zone (F1Z)
Permit requirements	Clause 52.19-1 -Construct a building or construct or carry out works for a telecommunications facility which is not one of the exempt facilities.
Land description and permit	The site is an irregularly shaped lot of approximately 49 hectares, which has frontages in the southwest to Grossmans Road and Anglesea Road and to the north to Coombes Road. It is currently developed with a dwelling with associated outbuildings sited close to Grossmans Road. Within the northeast corner of the lot is an existing mobile phone tower, and no change is proposed for this tower. A 21.13 metre wide powerline easement extends along the eastern boundary. The balance of the land is used for agricultural purposes. Adjoining land to the east is developed with a dwelling (approximately 130 metres from the proposed tower) which is zoned Farming zone. Land to the southeast is used for utility purposes, adjoining is an electricity substation and east of this is a large water storage tank. South and southwest of the proposed tower is land in the low density residential zone. Nearest the tower there are two lots accessed from Dillwynia Lane, one (No.19) of which is developed with a dwelling. Further to the south is the Kithbrooke Retirement Village.

Correction: In the print version of this story, an image and caption incorrectly depicted the location of the tower site as Cemetery Road Bellbrae when in fact the approved tower site is Grossmans Road Bellbrae.

A previous plan for a tower at Cemetery Road, Bellbrae, did not go ahead. We apologise for any confusion caused by this error.