TPG Telecom Limited v Inner West Council [2023] NSWLEC 1778

Land and Environment Court New South Wales

Medium Neutral Citation: TPG Telecom Limited v Inner West Council [2023] NSWLEC 1778 Hearing dates: 4-6 September 2023 Date of orders: 21 December 2023 Decision date: 21 December 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) The development application (DA/2021/1143) for the construction of a mobile phone base station within the existing electricity substation facility grounds at Lot 1 DP 814430 Manning Street, Rozelle NSW, is determined by the grant of development consent, subject to the conditions in Annexure A. (3) Exhibits 1-8 and K are returned, the remaining exhibits are retained. Catchwords: APPEAL – development application – telecommunications facility – monopole with headframe – proposed on the site of an existing substation adjacent to heritage listed Callan Park – impact on setting and views to heritage item – visual impact – compatibility with character of the area – issues of site selection Legislation Cited: Callan Park (Special Provisions) Act 2002 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Inner West Local Environmental Plan 2022 cl 1.8A Interpretation Act 1987, s 30A Leichhardt Local Environmental Plan 2013, cll 1.2, 5.10, 6.1, 6.2 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.3, s 6.65, Ch 10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.143 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Uniform Civil Procedure Rules 2005, r 31.27 Cases Cited: Australian Coal Alliance Incorporated v Wyong Coal Pty Ltd [2019] NSWLEC 31 Hoxton Park Residents Action Group Inc v Liverpool City Council (2011) 81 NSWLR 638; [2011] NSWCA 349 Omid Mohebati-Arani v Ku-ring-gai Council [2017] NSWLEC 143 Telstra Corporation Limited v Hornsby Shire Council (2006) 146 LGERA 10; (2006) 67 NSWLR 256; [2006] NSWLEC 133 Texts Cited: AS/NZS 3835.1:2006 Earth Potential Rise – Protecting of telecommunications network users, personnel and plant GML Heritage, Kirkbride Block and Convalescent Cottages Callan Park Conservation Management Plan (endorsed by the Heritage Council of NSW in July 2020) ICOMOS, The Burra Charter: the Australia ICOMOS Charter for Places of Cultural Significance, 2013 Inner West Council, Callan Park Master Plan (July 2011) Leichhardt Development Control Plan 2013 NSW Department of Planning and Environment, NSW Telecommunications Facilities Guideline, Including Broadband, July 2010 NSW Department of Planning and Environment, NSW Telecommunications Facilities Guideline, Including Broadband, October 2022 NSW State Heritage Inventory Datasheet, Statement of Significance for Callan Park Conservation Area and Buildings, accessed on 2 May 2017, <https://www.hms.heritage.nsw.gov.au/App/Item/ViewItem?itemId=5051544> Tanner Architects, Callan Park Conservation Management Plan (adopted by Leichhardt Council (now Inner West Council) in August 2011) Category: Principal judgment Parties: TPG Telecom Limited (Applicant) Inner West Council (Respondent) Representation: Counsel: A Hemmings (Applicant) C Ireland (Respondent)