Telstra Corporation Limited v Coffs Harbour City Council [2014] NSWLEC 1254

Telstra Corporation Limited v Coffs Harbour City Council [2014] NSWLEC 1254

The Court found that the proposed development must not be granted consent under Coffs Harbour City Centre Local Environmental Plan 2011 because no master plan had been prepared and approved for the whole Key Site as required by cl 6.11(8). Although the proposal was permissible under the Infrastructure SEPP and the design excellence requirement was satisfied in context, the proposed 37.40 m monopole and antennas would have unacceptable visual and streetscape impacts in a prominent Coffs Harbour commercial centre location, would not satisfy Principle 1 of the NSW Telecommunications Facilities Guideline including Broadband, and the applicant had not established that Federation House was not...

Jurisdiction
Australia
Judgment Date
09 December 2014
Procedural Posture
Class 1 Appeal Against Refusal of Development Application 176/14 / Final Judgment
Outcome
The appeal is dismissed and Development Application 176/14 is refused.
Legal Topics
['development Application for Mobile Telecommunications Base Station' 'design Excellence' 'masterplan Requirement for Key Site' 'infrastructure SEPP Telecommunications Guidelines' 'visual and Streetscape Impact' 'co Location of Telecommunications Facilities' 'electromagnetic Radiation' 'electromagnetic Interference' 'alternative Sites']
['planning and Environment Law' 'development Consent' 'telecommunications Infrastructure'] ['development Application for Mobile Telecommunications Base Station' 'design Excellence' 'masterplan Requirement for Key Site' 'infrastructure SEPP Telecommunications Guidelines' 'visual and Streetscape Impact' 'co Location of Telecommunications Facilities' 'electromagnetic Radiation' 'electromagnetic Interference' 'alternative Sites']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application 176/14 / Final Judgment

Legal Issues

  1. 1 ['Whether development consent must not be granted because a master plan had not been prepared and approved for the whole Key Site under cl 6.11(8) of Coffs Harbour City Centre Local Environmental Plan 2011.' 'Whether the proposed telecommunications facility exhibited design excellence under cl 6.11(2) of Coffs Harbour City Centre Local Environmental Plan 2011.' 'Whether the proposal was permissible and assessable under State Environmental Planning Policy (Infrastructure) 2007 and the NSW Telecommunications Facilities Guideline including Broadband.' 'Whether the monopole and antennas would have unacceptable visual and streetscape impacts.' 'Whether the applicant adequately considered co-location and alternative sites, including Federation House and Housing NSW premises.' 'Whether electromagnetic radiation impacts warranted refusal.' 'Whether electromagnetic interference impacts warranted refusal.']

Ratio Decidendi

The Court found that the proposed development must not be granted consent under Coffs Harbour City Centre Local Environmental Plan 2011 because no master plan had been prepared and approved for the whole Key Site as required by cl 6.11(8). Although the proposal was permissible under the Infrastructure SEPP and the design excellence requirement was satisfied in context, the proposed 37.40 m monopole and antennas would have unacceptable visual and streetscape impacts in a prominent Coffs Harbour commercial centre location, would not satisfy Principle 1 of the NSW Telecommunications Facilities Guideline including Broadband, and the applicant had not established that Federation House was not...

Court Disposition

The appeal is dismissed and Development Application 176/14 is refused.

Orders

  • ['The appeal is dismissed.' 'Development Application 176/14 for construction of a new mobile telecommunications base station comprising a monopole and six panel antenna at 41 Moonee Street Coffs Harbour is refused.' 'The exhibits with the exception of exhibit 4 are returned.']