Telstra Corporation Limited v Broken Hill City Council

[2016] NSWLEC 1068

Land and Environment Court

New South Wales

Medium Neutral Citation:	Telstra Corporation Limited v Broken Hill City Council [2016] NSWLEC 1068
Hearing dates:	Conciliation conference on 4 February 2016
Date of orders:	17 February 2016
Decision date:	17 February 2016
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: telecommunications tower; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Telstra Corporation Limited (Applicant) Broken Hill City Council (Respondent)
Representation:	Counsel: Ms D. Townsend, solicitor (Applicant) Ms J. Reid, barrister (Respondent) Solicitors: King & Wood Mallesons (Applicant) Pikes & Verekers Lawyers (Respondent)
File Number(s):	10876 of 2015
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against conditions imposed by Broken Hill City Council on an application to modify Development Consent 182/2014 for the establishment of a telecommunications facility at 334 McCulloch Street, Broken Hill.

2. In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.

3. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.

4. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.

5. The final orders to give effect to the parties’ agreement were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

…………….

G T Brown

Commissioner

10876 of 2015 - Order (6.87 KB, pdf)

10876 of 2015 - Annexure A (52.6 KB, pdf)