Outdoor Systems Pty Ltd v Georges River Council [2021] NSWLEC 1338

Land and Environment Court New South Wales

Medium Neutral Citation: Outdoor Systems Pty Ltd v Georges River Council [2021] NSWLEC 1338 Hearing dates: 22 & 23 April 2021 Date of orders: 9 June 2021 Decision date: 09 June 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent No. DA 354/95 for an advertising sign at 519 King Georges Road Beverly Hills is modified pursuant to section 4.55(2) of the Environmental Planning and Assessment Act 1979 as set out in Annexure "A". (3) As a consequence of Order 2, Development Consent No. DA 354/95 as modified by the Court is set out in Annexure "B". (4) The exhibits are returned except for Exhibits A and 1. Catchwords: MODIFICATION – Advertising signage – change from printed to digital signage – whether substantially the same development – amenity impact – character compatibility Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Hurstville Local Environmental Plan 2012 State Environmental Planning Policy No 64—Advertising and Signage, cll 4, 14, 18, 21, 22 Cases Cited: 1643 Pittwater Road Pty Ltd v Pittwater Council [2004] NSWLEC 685 Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd (No 3) [2015] NSWLEC 75 Goldin v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 (2002) 121 LGERA 101; [2002] NSWLEC 75 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280 Vodafone Hutchison Australia Pty Ltd v North Sydney Council [2019] NSWLEC 1081 Texts Cited: Australian/New Zealand Standard AS/NZS 4282:2019 Control of the Obtrusive Effects of Outdoor Lighting Department of Planning and Environment, Transport Corridor Outdoor Advertising and Signage Guidelines, (November 2017) Draft Beverly Hills Town Centre Masterplan Draft Georges River Council Development Control Plan 2020 Hurstville Development Control Plan No 1 Category: Principal judgment Parties: Outdoor Systems Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: A Stafford (Applicant) H Irish (Respondent)