The Court gives greenlight to telecommunications tower in sensitive area

LG Leader March 2018

In the recent ERD Court case of Alessandrini & Ors v The Corporation of the City of Campbelltown & Anor [2018] SAERDC 4 where Kelledy Jones acted for the Council, the Court upheld the Council’s approval for a telecommunications tower in the Hills Face Zone, finding that such a tower was necessary to address deficiencies in internet access.

In this case the City of Campbelltown approved a telecommunications tower in the Hills Face Zone (HFZ). A number of third parties appealed the Council’s decision to the ERD Court. The appellants argued that, as a non-complying use in the HFZ, the proposed telecommunications facility was not contemplated and was inherently inappropriate. Additionally, they argued that the installation of a telecommunications tower would erode, rather than enhance, the important and desired features of the sensitive HFZ.

In the alternative the Council and the applicant submitted to the Court that the proposed location was a recognised “black spot” area for internet service. It was put to the Court that the installation of a telecommunications tower would ensure affordable and high speed internet could be available to the area. In relation to the siting of the tower both the Council and the applicant argued that whilst the tower would be positioned in the HFZ it would be designed and sited to minimise its impact.

Ultimately the Court found in the applicant’s favour and upheld the decision of the Council to grant approval for the tower. The Court accepted that the proposed placement of the facility was necessary to address the deficiency in internet access. Additionally, the Court found that whilst telecommunications facilities are expected to be located primarily in commercial and business zones and also rural zones, they are not embargoed from ‘sensitive’ zones including the Hills Face Zone so long as appropriate measures are taken to minimise their visual impacts.

This judgment sets a precedent for future telecommunications towers not only in the Hills Face zone but indeed in other sensitive zones.