Court to visit site of proposed telecom tower at Killcare

Residents have been alerted to a meeting of the Land and Environment Court on the site of a proposed telecommunications tower at 37 Wards Hill Rd, Killcare Heights.

Central Coast Council’s solicitor for the matter has written to all people who wrote 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 at 37 Ward Hill Rd, or nearby if necessary, on Monday, July 14, from 10.30am.

The hearing comes as part of the Court-directed conciliation conference between Council and Optus Mobile Pty Ltd to find 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 already on the site 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”.

In March this year, the matter was back on public exhibition.

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.

The July 1 LPP meeting included a mention of the court case under confidential items.

The agenda noted: “The reason for dealing with the report confidentially is that it contains information that would, if disclosed, prejudice the maintenance of law; and contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege”.

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.

About 1,300 homes were negatively affected, one said, and the lack of mobile phone coverage meant a land line worth about $1,000 a year was necessary.

While Council was under administration, Administrator Rik Hart wrote to Federal Member for Robertson Dr 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,” Administrator 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,” Hart said.

At the conclusion of any submissions made at Ward Hill Rd, the Court will facilitate confidential conciliation discussions limited to the parties, their legal representatives and experts.

Merilyn Vale