Council says they’re powerless

WOLLONGONG City Council claim they are powerless to prevent Telstra placing a mobile phone tower in a public reserve at Mt Ousley.

Residents of Stanbrook Ave have submitted a petition protesting against the tower, which they fear will affect their health. They have formed an action group and will complain to the Telecommunications Ombudsman.

Council says Federal telecommunications legislation will override any ability to refuse applications by Telstra to place mobile phone towers at 13 locations across the local government area.

Manager of Commercial Projects and Property, Peter Coyte, said that while residents living near some sites have expressed concern to Council, the project is driven by Telstra with the backing of Commonwealth law.

"Those residents, including people living in Stanbrook Avenue at Mt Ousley, have criticised Council for its lack of action, but unfortunately Council has little role to play in the process.

"We were contacted earlier this year about Telstra plans to use various Council-owned sites for the roll-out of their 3GIS' technology. Under the Telecommunications Act 1997, installations that are classified as "low-impact" do not require development approval under state or local laws. However the carrier, in this case Telstra, must abide by the Australian Communication Industry Forum [ACIF] Code, which sets out the considerations and the processes required in the installation of the facilities."

Key to this is the "Precautionary Principle" which, includes avoiding community sensitive locations.

Despite Council representations, Mr Coyte said Telstra have advised the Mt Ousley site has been considered on balance against the other 13 considerations and as "the site is their site of last resort" they have decided to proceed with the tower at the Stanbrook Ave. Mr Coyte said legal advice has been sought on Telstra documents, and on completion of the consultation and finalisation of the sites, the proposals will be submitted to Council for approval.

"We believe the best outcome for our ratepayers is to negotiate lease arrangements with Telstra as is the case in Stanbrook Avenue - which will at least bring some income back into Council as compensation."

A Telstra spokesman said the company was still working on designs for the Mt Ousley site and further community consultation would take place.