Telstra Corporation Limited v Coffs Harbour City Council

Land and Environment Court New South Wales Case Title: Telstra Corporation Limited v Coffs Harbour City Council Medium Neutral Citation: [2014] NSWLEC 1254 Hearing Date(s): 18,19,20 November 2014 Decision Date: 09 December 2014 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed.2. Development Application 176/14 for construction of a mobile telecommunications base station including a monopole and six panel antenna at 41 Moonee Street Coffs Harbour is refused.3. The exhibits, with the exception of exhibit 4 are returned. Catchwords: DEVELOPMENT APPLICATION: construction of a new mobile telecommunications base station including a monopole and six panel antenna - whether application must be refused as a masterplan has not been prepared and approved - unacceptable visual and streetscape impacts - unacceptable Electromagnetic Radiation and Electromagnetic Interference impacts - inadequate consideration of alternate sites Legislation Cited: Coffs Harbour City Centre Local Environmental Plan 2011 Coffs Harbour Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 Category: Principal judgment Parties: Telstra Corporation Limited (Applicant) Coffs Harbour City Council (Respondent) Representation - Counsel: Ms S Duggan SC (Applicant) Mr R O’Gorman-Hughes, Barrister (Respondent) - Solicitors: King & Wood Mallesons (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 10300 of 2014 Publication Restriction: No JUDGMENTCOMMISSIONER: This is an appeal against the refusal of Development Application 176/14 for construction of a new mobile telecommunications base station comprising a 30 m monopole accommodating six panel antennas giving a total height of 37.40 m. Provision is made for three future panel antennas to be mounted at...