Vertical Telecoms Pty Ltd v Hornsby Shire Council [2000] NSWLEC 172

Land and Environment Court of New South Wales

CITATION : Vertical Telecoms Pty Ltd v Hornsby Shire Council [2000] NSWLEC 172 APPLICANT PARTIES : Vertical Telecoms Pty Ltd RESPONDENT Hornsby Shire Council FILE NUMBER(S) : 11149 of 1999 CORAM: Sheahan J KEY ISSUES: Development Consent :- transmitters - consent orders - objectors - precautionary principle LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Hornsby Local Environmental Plan 1994 Jarasius v Forestry Commission of NSW & Ors [No.1] (1990) 71 LGRA 79; CASES CITED: Leatch v NPWS & Anor (1993) 81 LGERA 270; Newton v Wyong Shire Council (6 September 1983); Sydney Serviced Apartments v North Sydney Municipal Council [No.2] (1993) 78 LGERA 404 DATES OF HEARING: 01/08/2000 DATE OF JUDGMENT: 08/10/2000

APPLICANT Barrister Mr B J Preston SC Solicitors LEGAL REPRESENTATIVES: Turnbull Hill Lawyers RESPONDENT Solicitor Mr Ian Woodward

JUDGMENT: IN THE LAND AND Matter No: 11149 of 1999 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 10 August 2000

VERTICAL TELECOMS PTY LTD Applicant v

HORNSBY SHIRE COUNCIL Respondent JUDGMENT Introduction

1. This is a class 1 development appeal which has been settled between its parties, and it was listed before me for the making of " consent orders ".

2. Some of the original objectors to the development are unhappy that the Council has agreed to the making of such consent orders, and have exercised their rights to attend court and express their concerns.