NSW Caselaw
Reported Decision : (2006) 148 LGERA 124
Land and Environment Court of New South Wales
CITATION : Telstra Corporation Limited v Hornsby Shire Council [2006] NSWLEC 285
APPLICANT Telstra Corporation Limited PARTIES : RESPONDENT Hornsby Shire Council
FILE NUMBER(S) : 11097 of 2005
CORAM: Preston CJ
KEY ISSUES: Costs :- planning appeal - mobile phone base station - applicant successful on appeal - whether fair and reasonable to make order in favour of applicant - principal issue raised by council the actual or perceived adverse health effects of radiofrequency electromagnetic energy - all expert evidence showed no adverse health effects - residents' perceptions of adverse health effects without rational evidentiary foundation - no logical basis on which consent could be refused - council's opposition in circumstances unreasonable - costs order against council fair and reasonable
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 79C(1), s 82A, s 97(1) Land and Environment Court Rules 1996 Pt 16 r 4(2)
ACM Landmark Pty Ltd v Cessnock City Council [2006] NSWLEC 256 (26 April 2006); Grant v Kiama Municipal Council [2006] NSWLEC 70 (22 February 2006); CASES CITED: Manly Warringah Rugby Leagues Club Pty Ltd v Warringah Council [2006] NSWLEC 88 (1 March 2006); Telstra Corporation Limited v Hornsby Shire Council [2006] NSWLEC 133 (24 March 2006); Vigor Master Pty Limited v Warringah Council [2006] NSWLEC 140 (29 March 2006)
DATES OF HEARING: 09/05/2006
DATE OF JUDGMENT: 05/30/2006
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