TELSTRA CORPORATION LIMITED and CITY OF WANNEROO

Telstra Corporation Limited sought approval for the construction of a mobile telephone base station in Wanneroo. The proposed base station was to be 40.4 metres high and situated in a rural resource zone, close to a residential development zone. The City of Wanneroo refused the development application. The key issues for the court to decide were whether the proposed base station would cause unacceptable visual impact and whether the facility was necessary for the area. The applicant argued that the facility was necessary to address a coverage gap and that the visual impact was minimal. The City of Wanneroo contended that the proximity of the proposed facility to the residential area would cause unacceptable visual impact.

The court considered the evidence regarding the visual impact of the proposed facility, as well as the necessity of the facility. The court noted that the facility would be visible from the nearby residential area and would intrude into the skyline. The court also considered the State policy on telecommunications infrastructure and the local policy on mobile telephone base stations. The court held that the negative visual impact on the residential area was sufficient to outweigh the need for the facility in that location. The court found that there was an alternative site available for the facility which would have less impact on the residential area. The court noted that the facility was not necessary in that location as there were other areas where the facility could be located.