A tower that requires a Planning Permit under the Hume Planning Scheme. Tower – man-made structures that are always taller than they are wide usually by a significant margin, generally built to take advantage of their height and can stand alone or as part of a larger structure. In the context of telecommunications a tower requires a planning permit to be erected and is usually either a HUB or a BTU. Mobile phone towers are generally 25 to 30 metres high. A HUB is a larger in excess of 50 metres. A BTU is a smaller tower in the range of 25 to 30 metres. As set out under the Telecommunications Act 1997. Lease A grants permission for exclusive use and possession of a parcel of land or a building for a defined term. It provides the tenant a proprietary interest in the Council Property which is binding on third parties. a Lease a tenant is able to assign or transfer its interest to a third party as the Lease runs with the land. Licence A Licence grants permission for non-exclusive use of a parcel of land for a defined term. More than one Licence at a time may be granted over the same parcel of land. Low Impact Facilities Low-impact facilities are generally small radio communications antennae and dishes erected on an existing tower or building that are designed to be unobtrusive. Other types of low-impact facility include underground cables, public telephones, telecommunications pits in footpaths and co-located facilities. The Telecommunications Code of Practice 1997 including the Telecommunications (low-impact Facilities) Determination 1997 refers to requirements and current practice for telecommunications facilities in Victoria (an incorporated document in all planning schemes in Victoria). Market Rent Is the rental income that a property would command in the open market. The fee is calculated by Council’s Valuer or an independent Valuer (if required) using the latest market rental for a comparable space. (Refer to Schedule 2) Outgoings water usage charges, electricity and gas in connection with the Council Property. (Refer to Schedule 2) Rates and Taxes Means any government rates and charges, taxes and levies including the Fire Services Levy. (Refer to Schedule 2) Sensitive uses
SCHEDULE 1 – PRINCIPLES Principle 1 – Location of Communication Equipment on Council Property Council does not support the location of any communication equipment on a Council building. Principle 2 – Communication Equipment should be co-located wherever practicable Where possible: Communication lines should be located within existing underground conduit; and/or Overhead lines and antennae should be attached to existing communication equipment infrastructure. Principle 3 – Community benefit of the proposal The installation of the communication equipment must provide a community benefit such as: Enhancement of coverage; and/or New infrastructure. Principle 4 – Health standards for exposure to emissions will be met Must be designed and installed so that maximum exposure levels to emissions comply with the relevant Australian Standards. Principle 5 – Impact of the Communication Equipment on the Council Property The installation of the communication equipment must not limit Council’s or the communities ability to operate and use the Council Property now and in the future. Principle 6 – Communication Equipment should be sited to minimise visual impact The communication equipment shall not have a negative impact on the amenity and must comply with the requirements of the Planning and Environment Act 1987 and the Hume Planning Scheme: A facility that is mounted onto a building should be integrated with the design and appearance of the building; Any equipment sheds should be screened/fenced to reduce visibility; No trees are to be removed, pruned, or lopped without the written consent by the responsible Council officer; and Any other design guidelines.
SCHEDULE 2 – CATEGORY ASSESSMENTS Categories Market Rent Outgoings/Utilities Maintenance Rent Reviews Legal Fees (including amendments requested by the Tenant) Term Group One Commercial Rate determined by Council’s Valuer All paid by the Tenant, including Rates, taxes and levies All maintenance requirements paid by the Tenant Market Rent Review at end of each Term or 5 whichever ever is shorter plus annual fixed 2-4% increases 100% Tenant No longer than 20 and subject to the Tenant and Council’s requirements. The Lease Term may include several options. Group Two Up to 70% discount of Commercial Rate determined by Council’s Valuer. All paid by the Tenant, including Rates, taxes and levies All maintenance requirements paid by the Tenant Annual fixed 2-4% 100% Tenant No longer than 20 years and subject to the Tenant and Council’s requirements. The Lease Term may include several options. Group Three $100 - $500 per annum All paid by the Tenant, including taxes and levies All maintenance requirements paid by Tenant and/or Council Annual CPI increase 50% but not more than $1,000 Tenant (amendments requested by Tenant pay 100% ) No longer than 20 years and subject to the Tenant and Council’s requirements. The Lease Term may include several options.