Planning Permit

Office Use Only VicSmart: No Specify class of VicSmart application:

Application No: REFPA20210091 Planning Enquiries Phone: (03) 5382 9777 Date Lodged: 3/06/2021 Web: www.hrcc.vic.gov.au Application for Planning Permit

If you need help to complete this form, read How to complete the Application for Planning Permit form. Any material submitted with this application, including plans and personal information, will be made available for public viewing, including electronically, and copies may be made for interested parties for the purpose of enabling consideration and review as part of a planning process under the Planning and Environment Act 1987. If you have any concerns, please contact Council’s planning department. Questions marked with an asterisk (*) are mandatory and must be completed.

If the space provided on the form is insufficient, attach a separate sheet. Application type

Is this a VicSmart Application?* No If yes, please specify which VicSmart class or classes:

If the application falls into one of the classes listed under Clause 92 or the schedule to Clause 94, it is a VicSmart application

Pre-application False If ‘yes’, with whom?: meeting Has there been a Date: day / month / year pre-application meeting with a Council planning officer?

The Land  Address of the land. Complete the Street Address and one of the Formal Land Descriptions.

Street Address* Unit No: St. No: 6 St. Name: Blackney Drive

Suburb/Locality: Avoca Postcode: 3467

Formal Land Description* Complete either A or B A Lot No: 19 Lodged Plan Title Plan Plan of Subdivision No: PS542501

This information can be OR found on the certificate of B Crown Allotment No: Section No: title. Parish/Township Name:

If this application relates to more than one address, please attach details.

Page 1 The Proposal You must give full details of your proposal and attach the information required to assess the application. Insufficient or unclear information will delay your application.

 For what use, development New satellite earth station or other matter do you require a permit?*

Provide additional information on the proposal, including: plans and elevations; any information required by the planning scheme, requested by Council or outlined in a Council planning permit checklist; and if required, a description of the likely effect of the proposal.

 Estimated cost of development for which the Cost $150,000.00 You may be required to verify this estimate permit is required* Insert ‘0’ if no development is proposed Insert '0' if no development is proposed (eg. change of use, subdivision, removal of covenant, liquor licence)

Existing Conditions 

Describe how the land is used Undeveloped Land and developed now*

Eg. vacant, three dwellings, medical centre with two practitioners, licensed restaurant with 80 seats, Provide a plan of the existing conditions. Photos are also helpful. grazing.

Title Information  Encumbrances on title* Does the proposal breach, in any way, an encumbrance on title such as a restrictive covenant, section 173 agreement or other obligation such as an easement or building envelope? If you need help about the Re Yes. (if ‘yes’ contact Council for advice on how to proceed before continuing with this application.) title, read: How to complete S No the Application for Planning Permit form Not applicable (no such encumbrance applies).

Provide a full, current copy of the title for each individual parcel of land forming the subject site. (The title includes: the covering ‘register search statement’, the title diagram and the associated title documents, known as ‘instruments’ eg restrictive covenants.) Applicant and Owner Details  Provide details of the applicant and the owner of the land. Applicant * The person who wants the permit

Owner *

The person or organisation who owns the land

Page 2 Where the owner is different Postal Address If it is a PO Box, enter the details here: from the applicant, provide the Unit No.: St. No.: St. Name: Blackney Drive details of that person or organisation. Suburb/Locality: Avoca State: Vic Postcode: 3467

Owner’s Signature (optional): Date: day / month / year

Information Contact Council’s planning department to discuss the specific requirements for this application and obtain a Requirements planning permit checklist.

Is the required information Re Yes provided? S No

Declaration  This form must be signed by the applicant* Remember it is I declare that I am the applicant; and that all the information in this application is true and correct and the owner (if against the law to not myself) has been notified of the permit application. provide false or Signature: misleading Date:3 June 2021 information, which day / month / year could result in a heavy fine and cancellation of the permit

Page 3 Checklist 

Have you: Filled in the form completely?

Paid or included the application fee? Most applications require a fee to be paid. Contact Council to determine the appropriate fee.

Provided all necessary supporting information and document?

A full and current copy of the information for each individual parcel of land forming the subject site.

A plan of existing conditions.

Plans showing the layout and details of the proposal.

Any information required by the planning scheme, requested by council or outlined in a council planning permit checklist.

If required, a description of the likely effect of the proposal (eg traffic, noise, environmental impacts).

Lodgement 

Lodge the completed and Pyrenees Shire Council signed form and all 5 Lawrence Street BEAUFORT Vic 3373 documents with: Telephone: (03) 5349 1100

Contact information: Telephone: (03) 5349 1100 Email: [email protected]

Page 4 Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 (Vic) or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA REGD TM System. None of the State of Victoria, LANDATA REGD TM System, Victorian Land Registry Services Pty. Ltd. ABN 86 627 986 396 as trustee for the Victorian Land Registry Services Trust ABN 83 206 746 897 accept responsibility for any subsequent release, publication or reproduction of the information.

VOLUME 11306 FOLIO 909 Security no : 124090107717H Produced 24/05/2021 04:47 PM

LAND DESCRIPTION

Lot 19 on Plan of Subdivision 542501D. PARENT TITLE Volume 10960 Folio 579 Created by instrument PS542501D Stage 2 10/10/2011

REGISTERED PROPRIETOR

Estate Fee Simple

ENCUMBRANCES, CAVEATS AND NOTICES

Any encumbrances created by Section 98 Transfer of Land Act 1958 or Section 24 Subdivision Act 1988 and any other encumbrances shown or entered on the plan set out under DIAGRAM LOCATION below.

DIAGRAM LOCATION

SEE PS542501D FOR FURTHER DETAILS AND BOUNDARIES

ACTIVITY IN THE LAST 125 DAYS

NIL

------END OF REGISTER SEARCH STATEMENT------

Additional information: (not part of the Register Search Statement)

Street Address: 6 BLACKNEY DRIVE AVOCA VIC 3467

DOCUMENT END

Title 11306/909 Page 1 of 1 Imaged Document Cover Sheet

The document following this cover sheet is an imaged document supplied by LANDATA®, Victorian Land Registry Services.

Document Type Plan Document Identification PS542501D Number of Pages 4

(excluding this cover sheet)

Document Assembled 24/05/2021 16:47

Copyright and disclaimer notice: © State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA® System. None of the State of Victoria, LANDATA®, Victorian Land Registry Services Pty. Ltd. ABN 86 627 986 396 as trustee for the Victorian Land Registry Services Trust ABN 83 206 746 897 accept responsibility for any subsequent release, publication or reproduction of the information.

The document is invalid if this cover sheet is removed or altered.

APPLICATION FOR A PLANNING PERMIT

Proposal to Install a new Satellite Earth Station

Statement of Environmental Effects to support an Application for a Planning Permit at:

6 Blackney Drive Avoca

Vic 3467

3 June 2021

Statement of Environmental Effects prepared by:

Level 5, 11 Queens Road Melbourne VIC 3004

Contact: Elizabeth Easton Site Logic T: +61 444 580 047 E: [email protected]

ViaSat Reference: Avoca Vic 3467 Project Number: 2021-00098

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TABLE OF CONTENTS

EXECUTIVE SUMMARY ...... 3 1 Introduction ...... 5 2 Proposed development ...... 5 3 Requirement for the proposed development ...... 6 4 Federal and local legislation ...... 6 • Commonwealth Legislation - Telecommunications Act 1997 ...... 6 • Local Legislation - Pyrenees Planning Scheme ...... 7 5 Vegetation removal ...... 13 6 Conclusion ...... 14 Appendix 1 - Owner’s Consent to Lodge the Application

Appendix 2 - Site Plan and Design Specifications

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EXECUTIVE SUMMARY

ViaSat is seeking a Planning Permit for the installation of a new satellite earth station (antenna) to be located at 6 Blackney Drive Avoca Vic 3467.

LOCATION OF THE PROPOSED DEVELOPMENT

Lot and Plan: Lot: 19 Plan: PS542501 Physical address: 6 Blackney Drive Avoca Vic 3467 Local Government Area: Pyrenees Shire Council Co-ordinates: -37.077513 / 143.482477

PROPOSED DEVELOPMENT

ViaSat proposes:

• the installation of one (1) new concrete footing pad, and • the installation of one (1) new ViaSat Telemetry, Tracking & Command (TT&C) satellite antenna (measuring 9.1m in diameter) - white in colour with elevated platform (grey in colour) • the installation of one (1) new ViaSat equipment cabinet • the installation of one (1) new awning over the equipment cabinet • the installation of two (2) new ViaSat GPS antennas (mounted on the awning legs) on the new concrete footing pad, and • the installation of one (1) new concrete footing pad, and • the installation of one (1) new switchboard and control boards • the installation of one (1) new generator and fuel tank on the new concrete footing pad • the installation of new 2.4m high ViaSat security fencing (including barbed tiger tooth spikes - 0.3m high - on the top of the fencing) around the perimeter of the new ViaSat lease area compound • the installation of one (1) 5.0m wide ViaSat alarmed rolling gate (with signage) to provide access to the new ViaSat lease area compound • the installation of a new 5.0m wide gravel driveway and crossover to allow vehicular access to the new ViaSat lease area compound • the installation of one (1) new pedestrian access gate • the installation of one (1) new pedestrian walkway (located inside the new ViaSat lease area compound, and measuring 1.2m in width) • the installation of one (1) new security pole with security light • the installation of three (3) new security cameras • the installation of one (1) new sign (located adjacent to the new ViaSat lease area compound) • the installation of one (1) new termination pillar (located adjacent to the new ViaSat lease area compound, and providing the point of electricity supply) • the installation of a new connection to the electricity power supply, via underground mains (by Powercor) • ancillary works and equipment necessary for the effective and safe operation of the facility

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REQUIREMENT FOR THE PROPOSAL

The proposed development is essential for providing reliable and consistent communication with an existing satellite located in a geostationary orbit around the Earth. The proposed satellite antenna will ensure a reliable and consistent connection for commercial businesses requiring internet services.

OWNER’S CONSENT TO LODGE THIS APPLICATION

Consent to lodge this application for a Planning Permit is included with the Application (please refer to Appendix 1).

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1 Introduction

ViaSat is the global communications company that believes everyone and everything in the world can be connected. For more than 30 years, ViaSat innovations have helped shape how consumers, businesses, governments and militaries around the world communicate - even in the hardest-to-reach places. As a global internet service provider (ISP), ViaSat:

• provides essential home and business internet, including areas where cable and fibre can't or won't go • brings the internet to entire communities, often for the first time • empowers servicemen and women with resilient, secure communications in order to achieve mission success • transforms the travel industry to meet the always-connected expectations of passengers and crew

ViaSat provides antennas for today’s diverse broadband constellations and the next generation of satellites to come; and makes affordable, high-speed internet accessible to everyone in rural communities, thereby giving people in remote communities access to fast, reliable internet.

ViaSat’s mission is to connect the world by serving all who need wireless access, particularly rural communities where internet services can be limited or non-existent.

2 Proposed development

ViaSat is proposing the installation of a new satellite earth station (antenna) to be located at 6 Blackney Drive Avoca Vic 3467 (Lot: 19 Plan: PS542501). The proposed satellite antenna would provide the platform for ensuring commercial access to reliable and consistent connection for businesses requiring internet services. ViaSat is seeking approval from Pyrenees Shire Council to undertake the proposed development.

ViaSat proposes:

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• the installation of a new 5.0m wide gravel driveway and crossover to allow vehicular access to the new ViaSat lease area compound • the installation of one (1) new pedestrian access gate • the installation of one (1) new pedestrian walkway (located inside the new ViaSat lease area compound, and measuring 1.2m in width) • the installation of one (1) new security pole with security light • the installation of three (3) new security cameras • the installation of one (1) new sign (located adjacent to the new ViaSat lease area compound) • the installation of one (1) new termination pillar (located adjacent to the new ViaSat lease area compound, and providing the point of electricity supply) • the installation of a new connection to the electricity power supply, via underground mains (by Powercor) • ancillary works and equipment necessary for the effective and safe operation of the facility

Please refer to Appendix 2 for details of the site plan and design specifications for the proposed development.

3 Requirement for the proposed development

ViaSat is committed to providing reliable and consistent communications facilities for commercial businesses. As part of this commitment, ViaSat is seeking approval for the installation of the new satellite antenna to be located at Avoca, Victoria.

The proposed development involves the installation of a new satellite antenna and equipment. All works would be contained within the new ViaSat lease area compound.

4 Federal and local legislation

• Commonwealth Legislation - Telecommunications Act 1997

The Telecommunications Act 1997 has been in operation since 1 July 1997. This legislation defines the proposal as a ‘Designated radiocommunications facility’, in accordance with:

Part 2 - Network units Division 2 - Basic definition

28 Designated radiocommunications facility

(1) If a designated radiocommunications facility is used, or is for use, to supply a carriage service between a point in Australia and one or more other points in Australia, the facility is a network unit

(2) It does not matter whether the supply involves: (a) the use of a satellite; or (b) the use of a line or other facility outside Australia

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(3) For the purposes of this section, a point includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, in outer space, underwater, at sea or anywhere else

• Local Legislation - Pyrenees Planning Scheme

A. Location of Proposed Satellite Antenna

The proposed satellite antenna is to be located at 6 Blackney Drive Avoca Vic 3467, Lot: 19 Plan: PS542501 (please refer to Figure 1). The Lot is located within the Pyrenees Local Government Area and is subject to the provisions contained within the Pyrenees Planning Scheme (the ‘Scheme’).

Figure 1: Proposed ViaSat location

The Lot is zoned as ‘Industrial 1 Zone (IN1Z)’ under the Scheme (please refer to Figure 2).

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Figure 2: ViaSat satellite antenna location and surrounding area zoning

B. A Code of Practice for Telecommunications Facilities in Victoria (the ‘Code’)

The purpose of this code is to:

• Set out the circumstances and requirements under which land may be developed for a telecommunications facility without the need for a planning permit • Set out principles for the design, siting, construction and operation of a telecommunications facility which a responsible authority must consider when deciding on an application for a planning permit

The installation of designated radiocommunications facilities is permitted under the Code in Industrial zones; however, the maximum diameter of the dish must not exceed 2.4m and is not to be visible from outside the property.

The size of the proposed ViaSat satellite antenna is 9.1m in diameter and would be visible from the boundary of the property. Therefore, the proposed installation does not meet the requirements as stated under the Code and development approval is required from Pyrenees Shire Council.

C. Pyrenees Planning Scheme

The proposed development is defined as a ‘Utility Installation’, specifically a ‘telecommunications facility’ under the Scheme and is not identified as prohibited development under the Scheme.

The location at 6 Blackney Drive is zoned as ‘Industrial 1 Zone (IN1Z)’ under the Scheme.

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i. Clause 17.03-1S Industrial land supply

The objective of this zone is:

• To ensure availability of land for industry

Comment

Telecommunications networks and facilities provide essential communications services and are permissible development within the Shire of Pyrenees. However, no land is specifically allotted for the installation of the infrastructure required to provide these services.

In order to provide the infrastructure necessary to provide quality internet services to the commercial community, it is necessary for ViaSat to consider the development opportunities available. During the investigation of such opportunities, ViaSat identified a site on land designated for industrial purposes. While the installation of a satellite antenna is not specifically defined as an ‘industrial’ use, the benefits of considering a site for the satellite antenna at this location include:

• it is located approx. 800m away from the main township • it is a non-residential area • the nearest residential areas are located: o West - 100m away o South-West - 160m away • the area to the North is zoned ‘Farming’ • the installation at this location would not limit or impede the development of the surrounding land for future industrial use

The proposed works would be wholly contained within the new ViaSat lease area compound. ViaSat considers that the proposed development complies with the objective of this zone.

ii. Clause 13.02-1S Bushfire planning

The objective of this provision is:

• To strengthen the resilience of settlements and communities to bushfire through risk-based planning that prioritises the protection of human life.

Comment

The proposed site is identified as being located in an area defined as ‘Bushfire Prone’. Except for brief periods of time for maintenance purposes, the proposed development would be unmanned.

The structure and all equipment are designed to minimise the outbreak of fire at the site:

• the base area of the compound would be covered by gravel laid over weed-proof matting • the facility would be located towards the centre of the lease area compound, providing additional separation from any surrounding infrastructure and vegetation • the facility is designed such that it would provide minimal opportunity for any external fire to spread

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The Lot on which the site is proposed, as well as the surrounding area, have been previously cleared of all natural vegetation, thereby minimising the opportunity for a fire to spread and ensuring that any fire would have negligible impact on the biodiversity of the area.

iii. Clause 19.03-4S Telecommunications

The objective of this provision is:

• To facilitate the orderly development, extension and maintenance of telecommunication infrastructure through the following Strategies:

• Facilitate the upgrading and maintenance of telecommunications facilities • Ensure that modern telecommunications facilities are widely accessible to business, industry and the community • Ensure the communications technology needs of business, domestic, entertainment and community services are met • Ensure that the use of land for a telecommunications facility is not prohibited in any zone • Encourage the continued deployment of broadband telecommunications services that are easily accessible by: o Increasing and improving access for all sectors of the community to the broadband telecommunications trunk network o Supporting access to transport and other public corridors for the deployment of broadband networks in order to encourage infrastructure investment and reduce investor risk • Ensure a balance between the provision of important telecommunications services and the need to protect the environment from adverse impacts arising from telecommunications infrastructure

The provisions identified under the policy document, Telecommunications Facilities - A Code of Practice for Telecommunications Facilities in Victoria, July 2004, are also considered to be relevant to the proposed development.

Comment

ViaSat considers that the proposed development complies with the above-stated objective and ensures the support of the Strategies by:

• providing quality and consistent connection to the commercial communications network • providing satellite connection to internet services for use by commercial businesses, industry and the community • providing the latest communications technology - in the form of satellite connections - for commercial use • utilising land in an industrial zone - where telecommunications facilities are not prohibited

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• providing high quality telecommunications services that are easily accessible by: o increasing and improving access for all sectors of the community to the commercial satellite internet network o utilising the existing access to transport and other public corridors for the installation, thereby encouraging infrastructure investment and reducing investor risk • ensuring a balance between the provision of these important telecommunications services by utilising an area zoned for industrial purposes, thereby protecting the environment from adverse impacts arising from telecommunications infrastructure

The proposed development does not meet the requirements for deployment as stated in the policy document, Telecommunications Facilities - A Code of Practice for Telecommunications Facilities in Victoria, July 2004. Please refer to Section 4(B) for further discussion on this matter. Therefore, a Planning Permit from Pyrenees Shire Council is required.

iv. Clause 33.01 Industrial 1 Zone

The purpose of this provision is:

• To implement the Municipal Planning Strategy and the Planning Policy Framework • To provide for manufacturing industry, the storage and distribution of goods and associated uses in a manner which does not affect the safety and amenity of local communities

a. Clause 33.01-1 Table of uses

Comment

The proposed development is not identified as ‘Prohibited’ development within this zone.

b. Clause 33.01-2 Use of land

Application requirements

Comment

A statement of compliance with each of these requirements is contained hereunder.

• ViaSat is proposing the installation of a satellite antenna and associated equipment for the purpose of providing reliable and consistent communication with an existing satellite located in a geostationary orbit around the Earth. The proposed satellite antenna will ensure a reliable and consistent connection for commercial businesses requiring internet services • The proposed development is a communications installation and does not involve the storage, processing or producing of goods • The area reserved for future expansion is to remain fallow in accordance with current maintenance practices • The proposed development does not require: o a Works Approval o a Waste Discharge Licence o a notification under the Occupational Health and Safety Regulations 2017

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o a licence under the Dangerous Goods Act 1985 o a reference to the Dangerous Goods (Storage and Handling) Regulations 2012 • The likely effects of the proposed development on the neighbourhood involve: o Noise Levels - there would be minimal impact on the surrounding community from the level of noise generated by the facility. The ongoing operation of air conditioning equipment associated with the equipment cabinet would continue to generate some low level noise; however, the noise emanating from the air conditioning equipment is at a level comparable to a domestic air conditioning installation. All noise would accord with the background noise levels prescribed by Australian Standard AS1055. Noise generated during the construction phase would be of short duration and would be in accordance with the standards outlined in the Protection of the Environment Operations Act 1997 (POEO Act) o Air-borne emissions - the proposed development is a communications installation and would not generate air-borne emissions o Emissions to land or water - the proposed development is a communications installation and would not generate any emissions involving overland flow or seepage to the water table o Traffic - access to the proposed site would be via the existing access off Blackney Drive. No new roadworks are required for the proposed development. During the installation phase, a truck would be used to deliver the equipment. Installation would occur wholly within the new ViaSat lease area compound. Upon completion of the installation, it is anticipated that visits to the facility would be infrequent and generally related to maintenance, as required. The maintenance period would be of short and temporary duration and would not impede the existing movement or access to or around the compound area. Due to the infrequency of the access required, it is considered there would be negligible interference to traffic flow within the local community o Light spill or glare - the proposed development is a communications installation and would not generate any form of light. As the proposed site is located in a low density industrial area, the proposed security light would have minimal impact on the community o Impact on residential areas - the proposed development is a communications installation and would not produce industrial off-site effects o Impact of nearby industries - the proposed development is designed to be protected against possible impacts from neighbouring industries. General workplace activities and requirements would have no impact on the proposed development o Drainage of land - the proposed development does not require the drainage of land, nor would it impede any overland flow necessary to accommodate the natural drainage across the property o Connection to services - the proposed development does not require the installation of any additional utility services. The facility does not use or generate water and does not require a gas connection. The proposed development would be connected to the existing electricity supply for the facility (by Powercor). Once installed, the facility would continue to operate on a continually unmanned basis

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o Land not currently required - the area reserved for future expansion is to remain fallow in accordance with current maintenance practices

v. Clause 52.19 Telecommunications Facility

The purpose of this provision is:

• To ensure that telecommunications infrastructure and services are provided in an efficient and cost effective manner to meet community needs • To facilitate an effective state-wide telecommunications network in a manner consistent with orderly and proper planning • To encourage the provision of telecommunications facilities with minimal impact on the amenity of the area

Comment

The proposed development is not identified as a building or works under Clause 52.19-1 Permit requirement; nor are the works identified as a use under Clause 62 General Exemptions. Therefore, a Planning Permit from Pyrenees Shire Council is required.

The proposed development would ensure:

• that telecommunications infrastructure and services are provided in an efficient and cost effective manner to meet community needs through the provisioning of a new commercial satellite connection to the existing orbiting satellite • the facilitation of an effective state-wide telecommunications network through the connection of the proposed development to ViaSat’s existing nation-wide network • the provision of telecommunications facilities with minimal impact on the amenity of the area through the installation of the proposed equipment at a location outside the main boundaries of the local township and situated on land reserved for industrial purposes

5 Vegetation removal

No vegetation removal is anticipated for the proposed development. Maintenance of the compound, for weeds and vermin, would be routinely undertaken to ensure that the compound area is kept clear and well maintained.

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6 Conclusion

This application has been prepared with regard to relevant Federal and Local planning legislation, regulations and guidelines, in particular the Pyrenees Planning Scheme.

The proposed installation of a new ViaSat facility located at 6 Blackney Drive Avoca Vic 3467 would provide essential commercial satellite telecommunications connections and services to Australia.

This Statement of Environmental Effects has been prepared to support an application for a Planning Permit for a new ViaSat facility located at 6 Blackney Drive Avoca Vic 3467.

Approval for the proposed works is hereby sought from Pyrenees Shire Council. ViaSat respectfully requests that Pyrenees Shire Council looks favourably upon this application and grants development consent for the proposed development.

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Appendix 1 - Owner’s Consent to Lodge the Application

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Appendix 2 - Site Plan and Design Specifications

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