By Ethan Benedicto and Corey Everitt
VCAT has approved a permit for a new telecommunications tower on Paternoster Road despite objections from 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 character, including their private view from their homes and the public view for the general community.
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 metres of a residence.
Not all objectors were within 100 metres, however all had the right to object on the matters regarding 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 Zones and Environmental Significance Overlay (ESO1).
At least one of the 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, the 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 as it is 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.
Optus operate 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 in the site.
Ms Naylor determined against alternative site, referring 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 considered 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 as 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, according to architect Peter Haack who appeared at the tribunal to provide visual evidence of the proposal, would be the closest property which is within 100 metres west of the site.
When it came to a visual impact, Ms Naylor accepted that the 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.
