NTL Australia Ltd v Willoughby Council [2000] NSWLEC 244

Land and Environment Court of New South Wales

CITATION : NTL Australia Ltd v Willoughby Council [2000] NSWLEC 244 APPLICANT NTL Australia Ltd PARTIES : RESPONDENT Willoughby Council

FILE NUMBER(S) : 10528 of 2000 CORAM: Bignold J KEY ISSUES: Development :- Development-extension of existing television transmitting tower-impact of electromagnetic radiation-the "precautionary principle"-appropriate conditions of consent-whether deferred commencement consent is appropriate-Conditions requiring creation of positive covenant under the Conveyancing Act 1919 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 97(1) CASES CITED: North Sydney Gas Company v North Sydney Municipal Council Cripps CJ (unreported June 1991); MacDonald v Mosman Municipal Council (1999) 105 LGERA 49 DATES OF HEARING: 16th October 2000 DATE OF JUDGMENT: 11/27/2000

APPLICANT: Mr T Hale SC SOLICITORS Minter Ellison LEGAL REPRESENTATIVES: RESPONDENT: Ms D Townsend, Solicitor SOLICITORS Malleson Stephen Jaques

JUDGMENT: IN THE LAND AND Matter No . 10528 of 2000 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 27 November 2000

NTL AUSTRALIA LTD

Applicant

v

WILLOUGHBY COUNCIL

Respondent

JUDGMENT

Bignold J:

A. INTRODUCTION

1. This is an appeal pursuant to the Environmental Planning and Assessment Act 1979 s 97(1) (the EP&A Act) against the Council's deemed refusal of the Applicant's development application for (i) the extension of the height of the existing television tower situate on land known as No 196 Hampden Road, Artarmon (the development site) from 203 m to 224 m; (ii) for the erection on the development site of a two storey transmitter building to house equipment associated with SBS broadcasts; and (iii) demolition and removal from the development site of an existing shed and existing diesel fuel tanks.