Telstra argued the brand new payphones have been “low-impact” as a result of they weren’t used to show industrial promoting “on the time of their set up”, and planning approval can be required for them to take action.
However the councils argued the payphones weren’t “low impression” as a result of they might carry third-party promoting, and may due to this fact be topic to the standard council planning approval course of.
In March, Federal Court docket Justice David O’Callaghan ruled Telstra’s new payphone cupboards with 75-inch LCD screens have been “low-impact amenities” when the digital screens have been used solely to advertise the usual phone service.
He ordered the councils to pay Telstra’s prices.
The cities of Melbourne and Brisbane appealed this resolution and, within the Federal Court docket on Friday, justices Jacqueline Gleeson, Natalie Charlesworth and Michael O’Bryan put aside Justice O’Callaghan’s ruling.
They ordered Telstra to pay prices to Melbourne and Brisbane metropolis councils. The impact of the ruling is that Telstra will now be required to hunt planning approval earlier than putting in the next-generation payphones in these two cities.
Telstra will contemplate interesting the newest ruling. A spokesman stated: “Telstra respects the choice of the Full Federal Court docket and is at the moment contemplating its choices.”
Deputy lord mayor Nicholas Reece welcomed the Federal Court docket’s resolution on Friday, saying public area ought to be protected.
“We do not need folks to be bombarded with outsized and intrusive industrial promoting on public infrastructure,” he stated.
“This was actually a David and Goliath battle and we’re proud to get the fitting end result for our cities from the Federal Court docket attraction. All alongside we’ve maintained that the supersized cellphone cubicles are designed to generate promoting income for Telstra on the expense of our group.”
with Michaela Whitbourn
Begin your day knowledgeable
Our Morning Version publication is a curated information to crucial and attention-grabbing tales, evaluation and insights. Enroll here.
Bianca Corridor is Metropolis Editor for The Age. She has beforehand labored as a senior reporter, and within the Canberra federal politics bureau.