Telstra Corporation Limited v Blacktown City Council [2012] NSWLEC 1132

Land and Environment Court New South Wales

Medium Neutral Citation: Telstra Corporation Limited v Blacktown City Council [2012] NSWLEC 1132 Hearing dates: 22-23 May 2012 Decision date: 23 May 2012 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: Development application, phone tower, visual impact, suitability of site for proposed development Legislation Cited: Blacktown Local Environmental Plan 1988 Cases Cited: Telstra Corporation Limited v Hornsby Council [2006] NSWLEC 133 Texts Cited: Australian Communications Industry Forum Industry Code ACIF C654: 2004 Deployment of Mobile Phone Network Infrastructure Blacktown Development Control Plan 2006; NSW Telecommunications Facilities Guideline Including Broadband July 2010; Radiation Protection Series No 3 - Radiation Protection Standard for Maximum Exposure Levels to Radiofrequency Fields - 3kHz to 300 GHz (2002); Category: Principal judgment Parties: Telstra Corporation Limited (Applicant)

Blacktown City Council (Respondent) Representation: Counsel Ms S Duggan SC (Applicant) Solicitors Mr P Arnold Ashurst Australia (Applicant)

Mr S Simington Lindsay Taylor Lawyers (Respondent) File Number(s): 11246 of 2011

Judgment 1This is an appeal against the refusal by Blacktown City Council of Development Application 11-80 lodged by Telstra Corporation Limited and proposing the construction of a mobile phone base station comprising a 25m high concrete monopole, 3 turret mounted panel antennas and ancillary equipment shelter at 85 Bali Drive, Quakers Hill. 2The contentions in the case are whether the site is an appropriate location for the facility and its visual impacts are acceptable.