NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Telstra Corporation Limited v Tweed Shire Council [2014] NSWLEC 1240 Hearing dates: 11 November 2014 Decision date: 20 November 2014 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: Consent Orders, telecommunications tower Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy Nos 14, 44, 55, 71, (Major Development) 2005 Tweed Shire Consolidated Development Control Plan 2008 Tweed Local Environmental Plan 2014 Tweed Local Environmental Plan 2000 North Coast Regional Environmental Plan Cases Cited: Telstra Corporation Limited v Hornsby Shire Council [2006] NSWLEC 133 Texts Cited: NSW Telecommunications Facilities Guideline Including Broadband Category: Principal judgment Parties: Telstra Corporation Limited (Applicant)
Tweed Shire Council (Respondent) Representation: S Duggan SC (Applicant)
K Gerathy (Respondent) King & Wood Mallesons (Applicant)
HWL Ebsworth Lawyers (Respondent) File Number(s): 10548 of 2014
Judgment 1Telstra lodged Development Application No 13/0201 with Tweed Shire Council seeking consent to erect a telecommunications facility. Consent was refused and Telstra is appealing that decision. 2The issues between the parties have been resolved and they are seeking Consent Orders from the Court.
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