Service Stream Maintenance Pty Ltd v Bayside Council [2024] NSWLEC 1481

Land and Environment Court New South Wales

Medium Neutral Citation: Service Stream Maintenance Pty Ltd v Bayside Council [2024] NSWLEC 1481 Hearing dates: Conciliation conference on 23 April 2024, 29 May 2024, 27 June 2024 Date of orders: 09 August 2024 Decision date: 09 August 2024 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted for DA 2022/0271 for the installation of a telecommunication's facility, consisting of a 25m monopole and equipment associated with telecommunications on Lot 1 Deposited Plan 534743, known as 90 Russell Avenue, Sans Souci NSW 2219, subject to conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – telecommunications facility - monopole – conciliation conference – agreement between the parties – orders Legislation Cited: Airports Act 1996 (Commonwealth), Div 4, Pt 12 ss 181, 182 Environmental Planning and Assessment Act 1979, ss 3.28, 4.15, 4.16, 4.17, 8.7, 8.11, 8.13 Land and Environment Court Act 1979, s 34 Airports (Protection of Airspace) Regulations 1996 (Commonwealth), regs 4, 5, 6 Bayside Local Environmental Plan 2021 cll 1.9, 2.3, 4.3, 5.21, 6.1, 6.2, 6.7 Environmental Planning and Assessment Regulation 2021, s38 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Chs 2, 6 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Transport and Infrastructure) ss 2.7, 2.48, 2.143 Texts Cited: NSW Telecommunications Facilities Guideline, including Broadband, October 2022 Category: Principal judgment Parties: Service Stream Maintenance Pty Ltd ABN 87081540847 (Applicant) Bayside Council ABN 80690785443 (Respondent) Representation: Counsel: A Hammond(Applicant) P Brown (Solicitor) (Respondent)