Telstra Corporation Limited v Lismore City Council [2024] NSWLEC 1143

Land and Environment Court New South Wales

Medium Neutral Citation: Telstra Corporation Limited v Lismore City Council [2024] NSWLEC 1143 Hearing dates: Conciliation conference held on 7 March 2024 Date of orders: 26 March 2024 Decision date: 26 March 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No 5.2020.78.1 (as amended) for the construction of a new Telstra mobile telecommunications facility comprising a monopole, antennas, ancillary equipment and an equipment shelter at Lot 471 DP 755718 known at 30 Crawford Road, East Lismore and adjacent Crown Road, subject to the conditions of consent at Annexure A. (3) The Respondent is directed to register the development consent on the NSW Planning Portal in accordance with section 4.20(1) of the Environmental Planning and Assessment Act 1979 within 14 days of the date of these orders. Catchwords: DEVELOPMENT APPLICATION – telecommunications facility – amendment to the proposed location – additional information – agreement between the parties – orders made. Legislation Cited: Biodiversity Conservation Act 2016, ss 7.2, 7.3, 7.7 Crown Land Management Act 2016 Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.20, 4.46, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Roads Act 1993, s 138 Civil Aviation Safety Regulations 1998, reg 139.370 Environmental Planning and Assessment Regulation 2000, cl 49 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 4, s 4.16 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, cl 2.143 Lismore Local Environmental Plan 2012, cll 2.3, 6.2, 6.5, 6.9 State Environmental Planning Policy (Koala Habitat Protection) 2019 State Environmental Planning Policy (Koala Habitat Protection) 2021, cl 18 Cases Cited: TPG Telecom Limited v Inner West Council [2023] NSWLEC 1778 Texts Cited: Department of Planning and Environment, NSW Telecommunications Facilities Guideline Including Broadband, July 2010 Department of Planning and Environment, NSW Telecommunications Facilities Guideline Including Broadband, October 2022 Lismore City Council Community Engagement Strategy 2019 Lismore City Council Comprehensive Koala Plan of Management for South-East Lismore 2013 NSW Rural Fire Service, Planning for Bush Fire Protection, November 2019 Category: Principal judgment Parties: Telstra Corporation Limited (Applicant) Lismore City Council (Respondent) Representation: Counsel: H Irish (Applicant) A Seton (Solicitor) (Respondent)