Connell Wagner Pty Ltd v Sutherland Shire Council [2005] NSWLEC 8

Land and Environment Court of New South Wales

CITATION : Connell Wagner Pty Ltd v Sutherland Shire Council [2005] NSWLEC 8

APPLICANT Connell Wagner Pty Ltd

PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 10951 of 2004

CORAM: Hussey C

KEY ISSUES: Development Application :- Telecommunications Tower - excessive height - visual impacts - heritage impact - public interest

Environmental Planning and Assessment Act LEGISLATION CITED: Sutherland Shire Local Environmental Plan 2000

DATES OF HEARING: 30/11/2004 and 01/12/2004

DATE OF JUDGMENT: 01/19/2005

APPLICANT Mr A Galasso, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr R O'Gorman-Hughes, solicitor SOLICITORS Minter Ellison

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

19 January 2005

10951 of 2004 Connell Wagner Pty Ltd v Sutherland Shire Council

JUDGMENT

Background 1 This appeal is against council's refusal of a development application for the construction of a 30 m high telecommunications tower, incorporating associated ground level equipment shelters. The tower is to be a co- location facility to service both the Telstra and Optus digital telephone networks. It is proposed to be located on a privately held site, adjacent to the Royal National Park at Deer Park. 2 During the consideration process of this application, a number of amendments have been made in response to objections and concerns raised. This has reduced the outstanding issues in the appeal to the visual impact of the proposal due to its height, heritage impact and other public interest considerations.