NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Exceland Pty Limited v North Sydney Council [2006] NSWLEC 84
APPLICANT PARTIES : Exceland Pty Limited RESPONDENT North Sydney Council
FILE NUMBER(S) : 11367 of 2005; 11131 of 2005
CORAM: Pain J
Appeal - Development Consent :- whether relocation of telecommunications shelters a relevant consideration under s 79C of the Environmental Planning and Assessment Act 1979
KEY ISSUES: Appeal: - s121 order - whether should be made
Questions of Law: - whether development consent required for installation of three telecommunication equipment shelters on roof of building - operation of commonwealth telecommunications legislation in local government areas - whether equipment shelter on roof of building is a low impact facility - whether multiple equipment shelters on roof of building is a low impact facility - where height of equipment shelters should be measured from
Environmental Planning and Assessment Act 1979 s79C(1) LEGISLATION CITED: North Sydney Local Environmental Plan 2001 Telecommunications Act 1997 (Cth) s3, s484, Sch 3, Telecommunications (Low-impact facilities) Determination 1997, pt 3
CASES CITED: Kingston v Keprose (1987) 11 NSWLR 404; Shoalhaven City Council v Lovell (1996) 136 FLR 58
DATES OF HEARING: 13/02/2006, 15/02/2006
DATE OF JUDGMENT: 06/21/2006
APPLICANT Ms S Duggan (barrister) SOLICITOR LEGAL REPRESENTATIVES: Pike Pike & Fenwick RESPONDENT Mr A Galasso (barrister) SOLICITOR Mallesons Stephen Jaques
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