NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Telstra Corporation Limited v Blacktown CIty Council [2008] NSWLEC 1261
APPLICANT Telstra Corporation Limited PARTIES : RESPONDENT Blacktown City Council
FILE NUMBER(S) : 10059 of 2008
CORAM: Tuor C
Development Application :- Mobile network base station comprising a monopole and equipment shelter, KEY ISSUES: visual impact proximity to school and houses
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Blacktown Local Environmental Plan 1988
CASES CITED: Telstra v Hornsby Shire Council, 146 LGERA 10 BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399
DATES OF HEARING: 13 and 14/05/2008
EX TEMPORE JUDGMENT DATE : 14 May 2008
APPLICANT Ms S. Duggan, solicitor Instructed by Mr M. Jahu of Mallesons Stephen Jaques LEGAL REPRESENTATIVES:
RESPONDENT Mr M. Fraser, solicitor Instructed by Mr P. Kelso of Bartier Perry Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
14 May 2008
10059 of 2008 Telstra Corporation Limited v Blacktown City Council
JUDGMENT 1 This is an appeal against the refusal by Blacktown City Council (council) of a development application under the Environmental Planning and Assessment Act 1979 for a mobile network base station comprising a 30 m high monopole and an equipment shelter at 1324 Old Windsor Road, Stanhope Gardens (the site).
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