Hutchison Telecommunication (Australia) Limited v Ku-ring-gai Municipal Council [2004] NSWLEC 665

Land and Environment Court of New South Wales

CITATION : Hutchison Telecommunication (Australia) Limited v Ku-ring-gai Municipal Council [2004] NSWLEC 665 APPLICANT Hutchison Telecommunication (Australia) Limited PARTIES : RESPONDENT Ku-ring-gai Municipal Council

FILE NUMBER(S) : 11022 of 2004 CORAM: Brown C KEY ISSUES: Development Application :- erection of communication tower - visual impact - streetscape - height - public interest

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Telecommunications Act 1997 Ku-ring-gai Planning Scheme Ordinance CASES CITED: DATES OF HEARING: 10/11/2004 EX TEMPORE 11/10/2004 JUDGMENT DATE :

APPLICANT Ms S Duggan, barrister SOLICITORS Truman Hoyle

LEGAL REPRESENTATIVES: RESPONDENT Mr P Rigg, solicitor SOLICITORS Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

10 November 2004

11022 of 2004 Hutchison Telecommunication (Australia) Limited v Ku-ring-gai Municipal Council

JUDGMENT 1 This is an appeal against the refusal of DA 1619/03 by Ku-Ring-Gai Municipal Council (the council) for the erection of a 25 m high communication tower at 213 Kissing Point Road Turramurra (the site).

2 The site is currently occupied by a BP service station. The tower is to replace an existing installation located on the same site but attached to an existing advertising sign for the service station. The tower consists of a single pole some 450 to 500 mm in diameter with no external antennae. The antennae and other necessary equipment are located inside the pole or at ground level. It is to be painted a passive colour