Telstra Corporation Ltd v Leichhardt Municipal Council [2007] NSWLEC 571

Land and Environment Court of New South Wales

CITATION : Telstra Corporation Ltd v Leichhardt Municipal Council [2007] NSWLEC 571

Applicant Telstra Corporation Limited PARTIES : Respondent Leichhardt Municipal Council

FILE NUMBER(S) : 10125 of 2007

CORAM: Murrell C

KEY ISSUES: Development Application :- Telecommunication facility 25 m in height. Impact of structure on character of neighbourhood, impact on heritage items in the vicintiy of the site.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Leichhardt Local Environmental Plan 2000 Leichhardt Development Control Plan 2000 Leichhardt Development Control Plan No. 51

CASES CITED: Zhang v Canterbury City Council [2001] NSWCA 167

DATES OF HEARING: 17/05/2007

DATE OF JUDGMENT: 14 September 2007

APPLICANT Mr A. Galasso, barrister instructed by Mr A. Walker of Blake Dawson Waldron LEGAL REPRESENTATIVES:

RESPONDENT Ms S. Duggan, barrister instructed by Ms J Walsh of Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

14 September 2007

10125 of 2007 Telstra Corporation Ltd v Leichhardt Municipal Council

JUDGMENT 1 This judgment is for an appeal under s. 97 of the Environmental Planning and Assessment Act 1979 against Leichhardt Municipal Council's refusal of a development application for a telecommunications facility and new greenkeeper's shed to be located on the site known as the Balmain Bowling Club, 156 Darling Street, East Balmain. The subject site is shown in the locality map at Figure 1. Proposal 2 The proposal is for a mobile network base station and works include: o Demolish the existing greenkeeper's shelter; o Remove the existing flagpole; o Install a 24.85 m high tapered nautical flagpole with 3 sectors of Telstra antennas housed internally within the flagpole; o The flagpole will have a minimum diameter of 300 mm at its highest point and maximum visible diameter of 720 mm of the top of the surrounding compound wall. The pole will achieve a maximum diameter of 750 mm at its base within the enclosing compound. o The provision of a new flag measuring 6 m by 3.6m. o Construction of a 3.4 m masonry wall compound enclosing the existing flagpole o Construction of a new equipment shed containing telecommunications equipment and soil storage room. The building will be 8.6 by 4.65 m and 3.5 m in height. A roller door that provides access to the soil storage room is proposed on the boundary with Ewenton Street. The bottom of the proposed flagpole will be located within the equipment shed. 3 Amended plans, as described above and shown in Figure 2, were submitted for a review under s 82A of the Act. These plans have the effect of slightly increasing the height while slightly reducing the diameter of the upper structure. The amended plans are the subject of these proceedings.