Telstra Corporation Limited v Coffs Harbour City Council [2014] NSWLEC 1254

Land and Environment Court New South Wales

Medium Neutral Citation: Telstra Corporation Limited v Coffs Harbour City Council [2014] NSWLEC 1254 Hearing dates: 18,19,20 November 2014 Decision date: 09 December 2014 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. Development Application 176/14 for construction of a mobile telecommunications base station including a monopole and six panel antenna at 41 Moonee Street Coffs Harbour is refused. 3. The exhibits, with the exception of exhibit 4 are returned. Catchwords: DEVELOPMENT APPLICATION: construction of a new mobile telecommunications base station including a monopole and six panel antenna - whether application must be refused as a masterplan has not been prepared and approved - unacceptable visual and streetscape impacts - unacceptable Electromagnetic Radiation and Electromagnetic Interference impacts - inadequate consideration of alternate sites Legislation Cited: Coffs Harbour City Centre Local Environmental Plan 2011 Coffs Harbour Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 Category: Principal judgment Parties: Telstra Corporation Limited (Applicant) Coffs Harbour City Council (Respondent) Representation: Ms S Duggan SC (Applicant) Mr R O'Gorman-Hughes, Barrister (Respondent) King & Wood Mallesons (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 10300 of 2014 Publication restriction: No

Judgment 1COMMISSIONER: This is an appeal against the refusal of Development Application 176/14 for construction of a new mobile telecommunications base station comprising a 30 m monopole accommodating six panel antennas giving a total height of 37.40 m. Provision is made for three future panel antennas to be mounted at a height of 30 m although consent is not sought for these panel antenna. Additional facilities for the tower and antenna are to be located within the existing Telstra building on site. 2The location for the tower and antenna is Lot 1 in DP 786867, being 41 Moonee Street Coffs Harbour. The property is owned by the applicant and is used for telecommunications activities (the Telstra site). The Telstra site has two road frontages comprising Moonee Street and Grafton Street (Pacific Highway) and has a total site area of 1326 sq m. Access to the site is from Moonee Street. The land is level and includes an existing three storey brick building and associated car parking. A single storey brick building used for the sale of tyres adjoins the site on the southern boundary. 3The predominant built form character within the area is commercial with a general height of around two storeys, however there are a limited number of multi-storey buildings within the area, including an eight storey commercial building around 45 m from the Telstra site.