Indara Infrastructure Pty Ltd v Wollongong City Council [2023] NSWLEC 1460

Land and Environment Court New South Wales

Medium Neutral Citation: Indara Infrastructure Pty Ltd v Wollongong City Council [2023] NSWLEC 1460 Hearing dates: Conciliation conference on 10 August 2023 Date of orders: 17 August 2023 Decision date: 17 August 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) Leave is granted to the Applicant to rely on the plans and documents at Annexure A. (2) The appeal is upheld. (3) Development consent is granted to DA 2022/366, for the installation of a telecommunications facility, consisting of a 35m monopole, equipment shelter, antennas, ancillary equipment, and tree removal on Lot 4 DP 249038, known as 328 Kanahooka Road Brownsville NSW 2530, and Lot 8 DP 560853, subject to the conditions of consent contained at Annexure B. Catchwords: DEVELOPMENT APPLICATION: installation of telecommunications facility in C3 Environmental Management zone – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.143 Wollongong Local Environmental Plan 2009, cll 4.3, 4.6, 5.21, 7.1, 7.4, 7.5, 7.6 Texts Cited: NSW Department of Planning and Environment, NSW Telecommunications Facilities Guideline including Broadband, July 2010 Category: Principal judgment Parties: Indara Infrastructure Pty Ltd (Applicant) Wollongong City Council (Respondent) Representation: Counsel: N Hammond (Applicant) J Reilly (Solicitor) (Respondent)