Telstra Corporation Limited v Broken Hill City Council

Land and Environment Court New South Wales Medium Neutral Citation: Telstra Corporation Limited v Broken Hill City Council [2016] NSWLEC 1068 Hearing dates:Conciliation conference on 4 February 2016Date of orders: 17 February 2016 Decision date: 17 February 2016 Jurisdiction:Class 1Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: telecommunications tower; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Telstra Corporation Limited (Applicant) Broken Hill City Council (Respondent) Representation: Counsel: Ms D. Townsend, solicitor (Applicant) Ms J. Reid, barrister (Respondent) Solicitors: King & Wood Mallesons (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s):10876 of 2015Publication restriction:NoJudgment COMMISSIONER: This is an appeal against conditions imposed by Broken Hill City Council on an application to modify Development Consent 182/2014 for the establishment of a telecommunications facility at 334 McCulloch Street, Broken Hill. In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”. The Court Act also required me to “set...