Sydney Teleport Services Pty Limited v Auburn Council

[2008] NSWLEC 1175

Land and Environment Court

of New South Wales

CITATION:

Sydney Teleport Services Pty Limited v Auburn Council [2008] NSWLEC 1175

PARTIES:

APPLICANT
Sydney Teleport Services Pty Limited

RESPONDENT
Auburn Council

FILE NUMBER(S):

10194 of 2008

CORAM:

Hussey C

KEY ISSUES:

Development Application :- Installation of satellite dishes, permissibly, radiation risks, site suitability

LEGISLATION CITED:

Environmental Planning and Assessment Act 1979
Auburn Local Environmental Plan 2000

DATES OF HEARING:

23/04/2008

EX TEMPORE JUDGMENT DATE:

23 April 2008

LEGAL REPRESENTATIVES:

APPLICANT
Mr R. Wilcher, solicitor
of Herbert, Geer and Rundle

RESPONDENT
Ms P. Whitford, solicitor
of Maddocks

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Hussey C

23 April 2008

10194 of 2008 Sydney Teleport Services Pty Limited v Auburn Council

This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT

1 Sydney Teleport Services lodged this appeal against council’s deemed refusal of a development application for the installation of 11 satellite dishes and a remote control room on a vacant light industrial site at 132 Carnarvon Street, Silverwater. The satellite dishes and equipment uplink and downlink signals from the satellites and transfer them by optic cable to the base station at Balmain for further distribution.

2 The full details of the site proposal and planning controls are contained in the statement of facts and contentions, which was filed on 31 March 2008 and on which I rely. The issues identified for the appeal concerned:

1. A possible question of law concerning the permissibility of the development.
2. Potential radiation risks.
3. Site suitability for the development

3 During the appeal process there has been further conferencing by the parties, resulting in their agreement to consent orders.

4 The subject land is within the 4B light industrial area under the Auburn LEP 2000. I understand the parties agree that the proposal is permitted with consent in this zone. With respect to the potential radiation risks, this has been considered and there is no substantive evidence put before the court regarding this, that would lead to the rejection of the proposal.

5 Considering then that the development is permissible on the site and it has an obvious industrial characterisation in my opinion, I accept that the site is suitable for the development, particularly as the use on the site primarily involves the producing of the signals and transmission to the base station at Balmain.

6 In the absence of any challenge to the consent orders, I am satisfied that they should be made.

7 The Court orders by consent:

1. The appeal be upheld.
2. Development Application No. 30/2007 for the installation of 11 satellite dishes, installation of one demountable building, fencing, new driveway and car parking at Lot 1 Newton Street North, Silverwater, be approved subject to the conditions attached in Annexure A.

___________________

R. Hussey
Commissioner of the Court
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