Residents have been alerted to a meeting of the Land and Environment Court (LEC) on site of the proposed telecommunications tower at 37 Wards Hill Rd, Killcare Heights.
Central Coast Council’s solicitor for the matter has written to all people who had written submissions about the tower, advising them they could apply to make “oral submissions’’ to the Court during the on site hearing.
It will be held on site, or nearby if necessary, on July 14, from 10.30am.
The hearing comes as part of the LEC-directed conciliation conference between Council and Optus Mobile Pty Ltd to agree on a resolution to the long term problem of mobile coverage for Killcare.
The Local Planning Panel (LPP) approved the tower in 2021 to be located near the water tower but that decision was reversed by the Land and Environment Court when a local landowner appealed the LPP decision.
A second development application was refused by the LPP in September 2024 with the decision including this sentence: “There are opportunities for further consideration of this proposal in conjunction with council to resolve outstanding issues.”
If council and Optus can agree on the issues, the court can ratify the parties’ decision if it’s a decision that the Court could have made in the proper exercise of its functions
Next week’s LPP meeting includes a mention of the court case under Confidential items.
“The reason for dealing with the report confidentially is that it contains information that would, if disclosed, prejudice the maintenance of law; AND (council’s capitals) contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege,” the agenda notes.
Residents have been trying to improve telecommunications in the area for more than 15 years.
In previous stories residents talked about their frustrations with a mobile black hole and asked that everything be done to expedite its construction.
Around 1300 homes were negatively affected, one said, and the lack of mobile phone coverage meant a land line worth about $1000 a year was necessary.
While council was under administration, Administrator Rik Hart wrote to Federal Member for Robertson Gordon Reid in June 2024 asking him to do all he could to support the installation of the tower.
“Its installation is long overdue and should proceed as quickly as possible,” Mr Hart said..
“The main issue is safety.
“There are areas around Hardys Bay and Killcare where it is impossible to make or receive mobile calls.
“This presents an unacceptable risk for residents, especially in emergency situations when fire, ambulance, police, SES, etc. are needed urgently.
“It is simply not acceptable to argue that proximity to a tower or sight of a tower are sufficient reasons to prevent this serious problem from being addressed
“Community safety is a far more significant criterion against which to assess the need for a suitably located telecommunications tower.
“All residents have the right to reliable mobile services. Those who currently do not have reliable access should not be denied it any longer,” he said.
See previous stories here: https://www.cccouncilwatch.com.au/telecom-tower-at-killcare-latest-plans/
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