Event and Time
Event Description
TPG Telecom Pty Ltd (TPG) lodged a development application (DA/2021/1143) on November 19, 2021, seeking consent to construct a mobile phone base station within the existing grounds of an Ausgrid electricity substation located adjacent to the heritage-listed Callan Park in Rozelle, New South Wales. The Inner West Council refused the development application on July 11, 2022, citing unacceptable impacts on the setting and views to the heritage item, among other concerns.
Application and Claims
- Applicant: TPG Telecom Pty Ltd
- Application: Development consent for a mobile phone base station comprising a monopole with a headframe, panel antennas, and associated equipment.
- Claims by Applicant: The proposed development will not have an unacceptable impact on the settings and views of Callan Park, is within a locally zoned infrastructure area, and follows environmental planning provisions. TPG maintains that the site location was chosen for its suitability to meet network coverage objectives.
Judicial Decisions
- The Court upheld the appeal and granted the development consent, concluding that the proposed development does not adversely impact the heritage significance of adjacent Callan Park or result in unacceptable visual impacts based on the evidence presented.
Dispute Points and Legal Basis
Dispute Points
- Council's Claims:
- The proposed development adversely impacts the heritage-listed Callan Park, affecting views and settings. - It lacks sufficient information regarding design alternatives and site selection. - Concerns over public health impacts due to electromagnetic radiation.
- TPG's Defense:
- The heritage impact has been minimized through the placement of the monopole and is de minimus. - Information regarding alternative sites was adequately considered. - Potential future electromagnetic concerns were dismissed as non-substantiated, given compliance with Australian health standards.