New South Wales Consolidated Regulations

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STATE ENVIRONMENTAL PLANNING POLICY (INFRASTRUCTURE) 2007 - SCHEDULE 3A

SCHEDULE 3A – Exempt and complying development in relation to telecommunications facilities

(Clauses 116 and 116A (1))

Part 1 - Exempt development

Column 1 Column 2
Item Development purpose Development standards
1 Subscriber and non-subscriber connection to a telecommunications network deployed by means of radio or satellite dish (including a radiocommunications dish) 1.1 If the development is carried out on land in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone or on a dwelling:(a) in the case of a dish located on a roof-the dish must not be more than 1.2 metres in diameter and be no higher than 1.8 metres above the highest point of the roof, or(b) in the case of a ground mounted dish-the dish must:(i) be located in the rear yard, and(ii) be not more than 1.2 metres in diameter, and(iii) be no higher than 1.8 metres above the highest point of the existing ground level on the lot.
1.2 If the development is not carried out on land in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone or on a dwelling, the dish must be no more than 1.8 metres in diameter.
1.3 The dish must be the same colour as its background or painted a neutral colour such as grey.
1.4 If the dish is mounted on a heritage item or in a heritage conservation area, the dish must not be visible from the street at ground level from the property boundary.
2 Panel antenna, yagi antenna or other directional antenna 2.1 The antenna:(a) must be flush mounted to an existing structure, or(b) if not flush mounted, must not be:(i) more than 2.8 metres long, or(ii) more than 5.8 metres (including support mount) in height above the building or structure to which it is attached.
2.2 If the antenna is flush mounted, it must not project above the height of the structure on which it is mounted.
2.3 The antenna must be the same colour as its background or painted a neutral colour such as grey.
2.4 If the antenna is mounted on a heritage item or in a heritage conservation area other than by means of flush mounting, the antenna must not be visible from the street at ground level from the property boundary.
3 Omnidirectional antenna 3.1 An antenna must not be:(a) more than 4.5 metres long excluding support mount, or(b) outrigged more than 500 millimetres from the support mount, or(c) more than 6.5 metres in height including support mount unless required for the NSW Government Radio Network in which case must not be more than 8.0 metres in height including support mount.
3.2 If an antenna is mounted on a heritage item or in a heritage conservation area, the antenna must not be visible from the street at ground level from the property boundary.
4 Microcell installation 4.1 If the installation includes a cabinet, the cabinet must be not more than 1 cubic metre in volume.
4.2 If the installation includes an omnidirectional antenna, the antenna must not be more than 1 metre long.
4.3 If the installation includes a directional antenna, the antenna must not be more than 1.2 metres long.
5 In-building coverage installation (picocell installation) for the purposes of improving broadband coverage to wireless technology users or the coverage of mobile phone users operating inside the building 5.1 All elements of the installation must be wholly located within a building, structure or tunnel, or integrated with the building, structure or tunnel in such a way as to have the general appearance of being part of the structure.
6 Equipment installed inside a structure 6.1 Equipment installed inside a structure (including an antenna and fibre-optic cable) must be concealed in the existing structure.
7 An extension to a tower on land other than in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone 7.1 The extension must be:(a) no greater than 5 metres in height, and(b) for co-location purposes.
7.2 The tower to be extended must not have previously been extended.
8 Replacement of a tower 8.1 If the original tower is located on land in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone:(a) the height of a replacement tower (including telecommunications facilities) must not be greater than the height of the original tower (including telecommunications facilities), and(b) the replacement tower must be located within 10 metres of the position of the original tower.
8.2 If the original tower is not located on land in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone:(a) the height of a replacement tower (including telecommunications facilities) must not be greater than the height of the original tower (including telecommunications facilities), and(b) the replacement tower must be located within 20 metres of the position of the original tower but no closer to land in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone.
8.3 The replacement tower must be similar in appearance to the original tower, except that a lattice tower (free standing steel framework tower) may be replaced by a monopole tower (free standing mast or pole like tower).
8.4 The original tower must be decommissioned and removed within 12 weeks of the telecommunications equipment on the replacement tower being commissioned.
8.5 The location of the tower that has been removed must be restored to a condition that is similar to its condition before the original tower was installed and landscaped as appropriate.
9 Underground housing 9.1 If the housing is in the form of a pit, manhole or other underground equipment shelter or housing, the opening area for the pit, manhole, shelter or housing must be not more than 2 square metres.
9.2 The land on which the housing is located must be restored to a condition that is similar to its condition before the underground housing was constructed.
10 Above ground housing of any of the following kinds:(a) a pillar, cabinet or pedestal installation,(b) an equipment shelter,(c) housing within a building for subscriber connection equipment,(d) if on land in Zone RU1, RU2, RU3, RU4, RU5 or RU6 or an equivalent land use zone-a solar panel used to power telecommunications equipment contained in the above ground housing. 10.1 If the development is a pillar, cabinet or pedestal installation, it must:(a) not be more than 2 metres high, and(b) have a base area of not more than 2 square metres.
10.2 If the development is an equipment shelter (other than an equipment shelter used solely to house equipment associated with any antenna, radiocommunications, satellite or microwave dish, or tower or the like), it must:(a) not be more than 2.5 metres high, and(b) have a base area of not more than 5 square metres (excluding minor protrusions such as air conditioning units, steps and cable tray attachments), and(c) be the same colour as its background or painted a neutral colour such as grey.
10.3 If the development is an equipment shelter used solely to house equipment associated with any antenna, radiocommunications, satellite or microwave dish, or tower or the like, it must:(a) not be more than 3 metres high, and(b) have a base area of not more than 7.5 square metres (excluding minor protrusions such as air conditioning units, steps and cable tray attachments), and(c) be the same colour as its background or painted a neutral colour such as grey.
10.4 If the development is a solar panel used to power telecommunications equipment contained in the above ground housing, the base area of the panel must not be more than 7.5 square metres.
10.5 If the development is on a heritage item or in a heritage conservation area, it must not be visible from the street at ground level from the property boundary.
11 Underground conduit or cable including subscriber connection and fibre-optic cable for broadband 11.1 The conduit or cable may only be:(a) laid in an existing trench, or(b) laid in a trench that has been lawfully created for any other purpose, or(c) hauled or otherwise deployed through a duct, pit, hole, tunnel or conduit, or(d) installed in, on or under an existing bridge.
11.2 A marking post or sign must be erected indicating the location of the conduit or cable.
11.3 After the conduit or cable has been laid, deployed or installed, detectable metallic tracer material or similar material must be installed in or above the conduit or cable to assist with identifying the position of the conduit or cable.
11.4 The land under which the conduit or cable is installed must be restored to a condition that is similar to its condition before the conduit or cable was installed.
12 Above ground cable for subscriber connection or fibre-optic cable for broadband for pole to premises installation 12.1 The cable must be co-located with an above ground electricity supply connection.
13 Conduit or cable within a building for subscriber connection or fibre-optic cable for broadband
14 Boring or directional drilling in connection with a telecommunications facility 14.1 The boring or directional drilling must take place at a minimum depth of 600 millimetres.
14.2 The land on which the boring or drilling is carried out must be restored to a condition that is similar to its condition before the drilling was carried out.
15 Public payphone 15.1 The public payphone cabinet or booth must:(a) be for use solely for carriage and content services, and(b) not be designed for other uses (for example, as a vending machine), and(c) not be fitted with devices or facilities for other uses, and(d) not display commercial advertising other than advertising related to the supply of standard telephone services.
15.2 The public payphone instrument must:(a) be for use solely for carriage and content services, and(b) not be designed for other uses (for example, as a vending machine), and(c) not be fitted with devices or facilities for other uses, and(d) not be used to display commercial advertising other than advertising related to the supply of standard telephone services or displayed as part of the supply of a content service.
16 Installation and use of telecommunications facilities:(a) for use in an emergency, or(b) to provide assistance to an emergency services organisation.
17 Installation and use of temporary telecommunications facilities:(a) to provide service or coverage during either routine or emergency maintenance of an existing telecommunications facility, or(b) to provide service or coverage during the construction or installation of a replacement telecommunications facility, or(c) to provide additional service or coverage at events such as sporting carnivals, cultural festivals, business conventions, or the like. 17.1 The facility must:(a) not permanently alter any building or site so that, upon removal, the building or site is in a substantially different condition than it was before the establishment of the facility, and(b) be removed within 28 days after the need for the facility has ceased.
18 Ancillary facilities to a telecommunications facility for any of the following purposes:(a) to ensure the protection or safety of the telecommunications facility, members of the public in close proximity to that facility or persons required to access and maintain that facility,(b) to screen or shroud antennas or telecommunications equipment (or both) to minimise their visibility and improve visual outcomes. 18.1 If located on a heritage item or in a heritage conservation area, the facilities must not be visible from the street at ground level from the property boundary.
18.2 The facilities must not include a power generator.
19 Maintenance activities in relation to a telecommunications facility for any of the following purposes:(a) the maintenance or repair of the facility,(b) to ensure the proper functioning of the facility. 19.1 The maintenance activities must not result in any more than a minimal increase in size, area occupied by, or noise levels associated with the facility.
20 Installation and use of permanent transmission and power cabling (including underground cabling that meets the development standards for underground cable or boring or directional drilling under this Schedule) to enable installation and removal of temporary telecommunications facilities for the purpose of providing additional service or coverage at events such as sporting carnivals, cultural festivals or business conventions, or the like, on the site.

Part 2 - Complying development

Column 1 Column 2
Item Development purpose Development standards
1 Subscriber and non-subscriber connection to a telecommunications network deployed by means of radio or satellite dish (including a radiocommunications dish) on land in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone 1.1 If the dish is located on a roof, the dish must:(a) not be more than 1.8 metres in diameter, and(b) be no higher than 2.4 metres above the highest point of the roof.
1.2 If the dish is ground mounted, the dish must:(a) be located in the rear yard, and(b) not be more than 1.8 metres in diameter, and(c) be no higher than 2.4 metres above the highest point of the existing ground level on the lot.
1.3 The dish must be the same colour as its background or painted a neutral colour such as grey.
1.4 If located in a heritage conservation area, the dish must not be visible from the street at ground level from the property boundary.
2 A panel antenna, yagi antenna or other directional antenna on land other than in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone 2.1 If the antenna is not flush mounted to an existing structure:(a) the antenna must not be more than 2.8 metres long, and(b) the antenna must not be more than 8 metres (including support mount) in height above the building or structure to which it is attached, and(c) if located in a heritage conservation area-the antenna must not be visible from the street at ground level from the property boundary.
2.2 The antenna must be the same colour as its background or painted a neutral colour such as grey.
3 An omnidirectional antenna on land other than in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone 3.1 An antenna must not be:(a) more than 8.5 metres in height, and(b) outrigged more than 500 millimetres from the support mount.
3.2 The antenna must be the same colour as its background or painted a neutral colour such as grey.
3.3 If located in a heritage conservation area, the antenna must not be visible from the street at ground level from the property boundary.
4 An extension to a tower on land other than in Zone R1, R2, R3, R4, R5 or RU5 or an equivalent land use zone 4.1 The extension must be:(a) no greater than 7.5 metres in height, and(b) for co-location purposes.
4.2 The tower to be extended must not have previously been extended.
5 New tower on land in Zone IN1, IN2, IN3, RU1, RU2, RU3 or RU4 or an equivalent land use zone 5.1 If the tower is located on land in Zone IN1, IN2 or IN3 or an equivalent land use zone, the tower must not:(a) be located within 100 metres of a Zone R1, R2, R3, R4, R5 or RU5 or equivalent land use zone boundary, or(b) exceed 25 metres in height (including telecommunications facilities) where located between 100 and 150 metres from a Zone R1, R2, R3, R4, R5 or RU5 or equivalent land use zone boundary, or(c) exceed 30 metres in height (including telecommunications facilities), where located more than 150 metres from a Zone R1, R2, R3, R4, R5 or RU5 or equivalent land use zone boundary.
5.2 If the tower is located on land in Zone RU1, RU2, RU3 or RU4 or an equivalent land use zone, the tower must not:(a) be located within 100 metres of a Zone R1, R2, R3, R4, R5 or RU5 or equivalent land use zone boundary, and(b) exceed 25 metres in height (including telecommunications facilities) where located between 100 and 150 metres from a Zone R1, R2, R3, R4, R5 or RU5 or equivalent land use zone boundary, and(c) exceed 50 metres in height (including telecommunications facilities), where located more than 150 metres from a Zone R1, R2, R3, R4, R5 or RU5 or equivalent land use zone boundary.
6 Ancillary facilities to a telecommunications facility 6.1 If located in a heritage conservation area, the facilities must not be visible from the street at ground level from the property boundary.
6.2 If the facilities include a standby power generator, it must be insulated to ensure noise levels do not exceed 35dB(A) from outside the generator housing.



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