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Mobile Carriers Forum urges clarity on development rules in NSW

The Mobile Carriers Forum today called on the NSW Government to continue to review development assessment procedures so industry can plan its ongoing investments in advanced mobile technologies that will be fundamental to the growth of Australia’s digital economy.

In a submission to the NSW Legislative Council Standing Committee on State Development for its Inquiry into the NSW planning framework, the MCF said the Government had an opportunity to maintain the community benefits derived from the industry’s investments in existing mobile networks as well as create the right regulatory environment for future investment.

MCF Program Manager Matt Evans said: “Significant concerns have been raised by the MCF over many years with the NSW State Government, local government peak bodies and individual councils in relation to telecommunications deployment and the difficulties of navigating the planning system to achieve positive planning outcomes”.

The reasons for these difficulties have arisen from the absence of a consistent approach across Council areas for the inclusion of appropriate zoning controls and siting, design and development assessment provisions in local environmental plans.

In its submission to the Inquiry, the MCF provides examples of a common scenario where carriers have met all stated policy requirements in their development application for a new tower, but are still refused because the Council has concerns about radio frequency emissions – even though the standards set at a Federal level have been fully complied with. In one case a carrier had been delayed in excess of three and half years and had spent in excess of $150,000 without an outcome.

“This has created a climate of uncertainty and diminishing confidence in the NSW Planning System as the financial costs of pursuing uncertain planning outcomes and navigating a process, which can be markedly different between councils is borne by the carriers” said Mr Evans. He said that the economic benefits of adopting a clear development assessment framework were clear.

In its submission, the MCF said it was encouraged by the introduction of the NSW State Environmental Planning Policy (Infrastructure) in 2007 which partially standardised rules, but identified further work that was required to introduce standard requirements for exempt and complying development.

The NSW Parliamentary Committee is due to report its findings by 14 December 2009.

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