Tower trouble for Hutchison
Andrew Colley
MARCH 22, 2005  
<http://australianit.news.com.au/articles/0,7204,12615101%5E15320%5E%5Enbv%5E1530
6,00.html>

HUTCHISON Australia's 3G mobile network will face greater resistance
from South Australian local councils after being dealt a legal blow in
the state's Supreme Court.

Hutchison had established 3G transmission towers by installing its
equipment on the power poles of electricity provider ETSA Utilities,
without council approval.
Earlier this month, however, a group of South Australian local
councils led by the City of Mitcham won a crucial stage of a legal bid
to bring Hutchison to heel, when the full bench of the SA Supreme
Court ruled that use of the power poles required council development
approval.

Hutchison had argued that its installations were low-impact facilities
that didn't require development approval under the federal
Telecommunications Act.

However, the court found that the towers qualified as developments
subject to local planning rules.

The court's decision would allow councils to steer the towers away
from residential areas, Mitcham City Council manager Ron Malcolm said.

The council was concerned about the size of the towers, some of which
had been built in heritage areas, he said.

"We encourage them under our planning scheme to be located in
commercial and industrial areas of the city," Mr Malcolm said.

Other councils that provided the City of Mitcham with financial
backing to mount the legal challenge were reserved about the decision
late last week.

"We note the decision with interests and we'll be preparing a report
for consideration by elected members at their next meeting," Charles
Sturt Council city services general manager Sandie Starr said.

Adelaide Hills Council planning services general manager Marc Salver
said the decision provided "welcome clarity".

City of Burnside and Port Adelaide Enfield were unable to comment.

However, Phillip Nolan, a Melbourne solicitor who specialises in
telecommunications litigation, said the court's decision had given
councils a "big stick" to hold over carriers.

"It won't be a matter of them having to do anything. They'll just be
saying to carriers that this decision's pretty clear: don't do it in
future – simply apply for a permit," Mr Nolan said.

Parts of the ruling could make it difficult for Hutchison to install
its equipment on public infrastructure, he said.

The case will go back before the Supreme Court trial judge who
referred the matter to the full bench. The judge will have to decide
what to do with the existing towers.

The Australian