© Proeye Communications & Security Systems 2011 Policy recommendation to Government concerning Satellite Dish’s We have made a submission to the Department of Sustainability and Enviroment to streamline the assessment process for private use satellite dish installations. Councils are encouraged to also review and retune their planning assessment processes to implement a process that is in touch with whole of government objectives, is in the public interest and complies with a ‘total welfare standard.’ We welcome installers and the public to submit concerns to DSE or discuss with us about planning policy developments regarding Satellite Dish policy. We also encourage both the industry to unite and contribute to policy change. Below we have provided information regarding policy change for satellite dish. 1. Why is there a need for change? 2. Our recommendations to local Government.   Submissions regarding changes to the planning provisions can be sent to Planning.Systems@dpcd.vic.gov.au  1. Why is there a need for change? Planning regulations and the process of domestic Radiocommunications Dish (satellite dish) permit applications is not uniformly assesed against the planning provisions by local councils. Some councils are more restrictive request more information than necessary, which can be cost prohibitive to general consumers and require extremely lengthy times for a decision to be made regarding approval. From our observations over the past 10 years, some local Council's do not actively allocate resources to survey their jurisdictions to detect illegal satellite dish installations, but yet they heavily scrutinize permit applications which makes it particularly difficult for applicants to obtain planning permits for legitimate proposals. This misuse of regulatory power doesn’t achieve a level playing field for people willing to comply with the regulatory process, and the the amenity is not protected from the illegal satellite dish installations, that continue to be installed. There are satellite installers that do not care about the governing regulations and continue to install satellite dish’s without permits especially in areas where Council do not bother to monitor. The illegally installed satellite dish’s will not be detected by the Council's unless there is a complaint about the illegal satellite dish installation. In Victoria, another concern is the statute of limitations subject to Section 241 of the Building Act 1993, possibly limiting Councils to commence in proceeding with offences such as illegal satellite dish installations. Therefore should a person complain about the installation of an illegal satellite dish installation, the Council may not be able to undertake compliance and enforcement action to rectify the issue. Generally the cost of a 2.4 meter diameter mesh Satellite Dish installation is $750 to existing homes. A Planning permit can cost up to $1000 and take up to 12 months before a decision is made or a permit is granted. Should a permit be refused a further $310 is required to appeal Council Decision regarding satellite dish Planning Permit refusal further extending the process and time required for a fair assessment. By retuning the assessment process that is uniformly applied and implemented across all Council jurisdictions, will achieve a better and fairer regulation for all. The annual number of satellite dish installations will not increase dramatically as result but the statistics in recording the number of dish’s installed can be accounted for. Amongst the mix of viewers requiring large satellite dish's are Asian, Italian, Spanish, and Indian speaking people. The majority of satellite dish's we have installed were for seniors with very low incomes or on a pension benefit. In light of the national broadband network (NBN), the next generation of people will receive IP forms of video content globally, therefore satellite TV in the future will be required less of in areas of NBN fibre coverage. Satellite and terrestrial TV may be less required in favour of the content the NBN is able to deliver. By retuning the planning provisions regarding satellite dish’s and uniformly implementing a better assessment process will not see an increase in satellite dish installations other than accounting for more legitimate installations that would be installed illegally. It is in the public interest to monitor and understanding the developing and ever-changing amenity. Demand for large satellite dish installations in the future will reduce with the increasing range of high quality video content that is being delivered over better broadband access networks. The national broadband network being a key part of Australia’s infrastructure will facilitate in the delivery of more content to the premise globally. 2. Our Recommendations to local Government Amend the Victorian Planning Provisions (VPP) by reducing the regulatory and financial burden to private or domestic use of a satellite dish by way of; • Removing the fee component where the local Authority chooses to provide notice regarding satellite dish application, and place the           obligation to provide notice to the applicant directly, to provide notice by way of letter drop or placement of sign-age to the property           that may be downloaded using an approved DSE online form • Amend VPP Sec 52.19 to exclude private satellite dish installations • Amend the Victorian DSE Telecommunications Code of Practice to exclude private satellite dish installations • Approve the Planning Permit Applications where no valid objections are submitted • Remove the $300 VCAT Appeal for planning permit decisions of satellite dish for domestic purposes, appeals for private or domestic satellite           dish installations should be free of charge • Reduce the total time to asses satellite dish planning permit applications to one calendar month • Amendments to VPP's must include an Explanatory Statement and Regulatory Impact Statement, outlining the intent of the changes,           the Regulatory Impact, and the impact to the community with summarised submissions causing the amendment • Improve Assessment guidelines for satellite dish’s which must include objective and purpose of the installation, community impact, safety           of the public, impact the installation has on the land use, ability to blend with other infrastructure or vegetation, net benefits or detriments           to the community. • Amend and include in VPP Sec 52.04 visual impact shall be equality weighted against other elements such as land use, ability to blend           with environment, accessibility or safety to maintain infrastructure, safety of the public • Include a clause in the VPP's that the Planners must provide detailed report if the local Authority decides to refuse a planning permit,           identifying a fair assessment of all the elements and the grounds for refusal. • Provide Notice to Council's that it must include on their web site a list of all planning applications. All applications must be available to           the public at the local Authority office and Online. City of Moreland provide an online service to track planning applications. This is in           support of the Gov 2.0 initiative. • Provide Notice to Councils that it must report the result of all compliance activities annually indicating the number of breaches and the           type of breaches, for example the number of illegal satellite dish's detected • Provide Notice to Council that it must report annually the categories of planning approvals with the number of Planning Permit, approvals,           refusal, average time taken to approve or refuse, and the longest time and the shortest time taken to asses applications Useful Links A little history about Satellite Dish Victorian Planning Provisions Section introduced specifically for satellite dish requirements on 24 July 2003 as part of the Victorian Planning Scheme Siting requirements relaxed on 15 September 2008 such as visibility from adjoining properties Design principles amended September 2010 encouraging the use of Satellite dish and various form of Telecommunications infrastructure for business, the community and individuals Government Cutting Red Tape in Planning Broadcast Services Act Commonwealth Telecommunications Code of Practice Land.vic.gov.au Office of Best Practice Regulation Radiocommunications Act 1992 Telecommunications Act 1997 Victorian DSE Telecommunications Code of Practice Victoria Ombudsman Applicable Victorian Planning Provisions Sec 19.03 - Design Principles Sec 52.04 - Satellite Dish - Requirements for a Planning Permit Sec 52.19 - Telecommunications Facility Sec 65 - Decision Guidelines Victorian Planning and Enviroment Act 1987 Sec 60 - What Councils must consider Other regulatory reference material Responsive Regulation and Developing Economies A guide for using stats for evidence based policy, ABS