Amplitel Pty Limited v The Hills Shire Council [2024] NSWLEC 1787

Land and Environment Court New South Wales

Medium Neutral Citation: Amplitel Pty Limited v The Hills Shire Council [2024] NSWLEC 1787 Hearing dates: 17-18 October and 6 November 2024 Date of orders: 06 December 2024 Decision date: 06 December 2024 Jurisdiction: Class 1 Before: Young AC Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application No. 1227/2023/HA for installation of a telecommunications facility comprising a 25.4m monopole, six (6) antennas, nine (9) remote radio units and ancillary equipment at Lot 1 DP 785598 47A Blue Gum Road Kenthurst NSW is determined by refusal of consent. (3) All the exhibits are returned. Catchwords: APPEAL – development application – telecommunications facility – monopole with headframe - visual impact – building height - compatibility with character of the area – suitability of the site – public interest Legislation Cited: Environmental Planning and Assessment Act 1979, ss 3.28, 4.15, 4.16, 8.2, 8.7 State Environmental Planning Policy (Transport and Infrastructure) 2022, ss 2.1, 2.7, 2.143 The Hills Local Environmental Plan 2019, cll 1.2, 2.3, 4.3, 4.6 Cases Cited: TPG Telecom Limited v Inner West Council [2023] NSWLEC 1778 Texts Cited: The Hills Development Control Plan 2012 NSW Telecommunications Facilities Guideline, including Broadband 2010 NSW Telecommunications Facilities Guideline, including Broadband 2022 Category: Principal judgment Parties: Amplitel Pty Limited (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: H Irish (Applicant) H Grace (Respondent)