Telstra Corporation Limited v Tweed Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: Telstra Corporation Limited v Tweed Shire Council [2014] NSWLEC 1240 Hearing dates:11 November 2014Decision date: 20 November 2014 Jurisdiction:Class 1Before: Morris C Decision: Appeal upheld Catchwords: Consent Orders, telecommunications tower Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy Nos 14, 44, 55, 71, (Major Development) 2005 Tweed Shire Consolidated Development Control Plan 2008 Tweed Local Environmental Plan 2014 Tweed Local Environmental Plan 2000 North Coast Regional Environmental Plan Cases Cited: Telstra Corporation Limited v Hornsby Shire Council [2006] NSWLEC 133 Texts Cited: NSW Telecommunications Facilities Guideline Including Broadband Category:Principal judgmentParties: Telstra Corporation Limited (Applicant) Tweed Shire Council (Respondent) Representation: S Duggan SC (Applicant) K Gerathy (Respondent) King & Wood Mallesons (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s):10548 of 2014 JudgmentTelstra lodged Development Application No 13/0201 with Tweed Shire Council seeking consent to erect a telecommunications facility. Consent was refused and Telstra is appealing that decision. The issues between the parties have been resolved and they are seeking Consent Orders from the Court.The site and its contextThe site is located at the western end of Depot Road, at Kings Forest. It is a former waste depot owned by the council and was the subject of a development consent that authorised the placement of 50,000 cubic metres of clean fill following completion of the landfill operations. The earthworks associated with that consent have been completed.The land is described as Lot 1 in...