Telstra Corporation Limited v Hornsby Shire Council [2006] NSWLEC 133

Reported Decision : (2006) 146 LGERA 10; (2006) 67 NSWLR 256

Land and Environment Court of New South Wales

CITATION : Telstra Corporation Limited v Hornsby Shire Council [2006] NSWLEC 133

APPLICANT Telstra Corporation Limited PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 11097 of 2005

CORAM: Preston CJ

Appeal :- development application - refusal by council - mobile telephone base station - emission of radiofrequency electromagnetic energy - effect on public health and safety - emission levels comply with adopted public health and safety standard - compliance with precautionary approach in standard - precautionary principle - explanation of - applicability of - precautionary principle not applicable where no threat of serious or irreversible environmental damage - effect on amenity of locality - perception of adverse effect unsubstantiated - other merit issues not established - proposed development meritorious - appeal upheld

KEY ISSUES: Ecologically Sustainable Development:- precautionary principle - mobile telephone base station - emission of radiofrequency electromagnetic energy - effect on public health and safety - emission levels comply with adopted public health and safety standard - compliance with precautionary approach in standard - explanation of elements of precautionary principle - applicability of precautionary principle - not applicable where no threat of serious or irreversible environmental damage - precautionary approach adopted in setting and application of standard and in design, equipment and operation of facility

Appeal:- development application - refusal by council - mobile telephone base station - emission of radiofrequency electromagnetic energy - effect on amenity of locality - community perception of adverse effect on amenity - community perception unsubstantiated and without rational foundation - Court to make determination on basis of reason and substantiated evidence - no probative evidence on which Court could find adverse effect on amenity or public health and safety - no logical basis to refuse consent where there is no probative evidence of adverse effects