TPG Telecom Limited (formerly Vodafone Hutchison Australia Pty Limited) v North Sydney Council [2021] NSWLEC 1360

Land and Environment Court New South Wales

Medium Neutral Citation: TPG Telecom Limited (formerly Vodafone Hutchison Australia Pty Limited) v North Sydney Council [2021] NSWLEC 1360 Hearing dates: 8-9 March 2021 Date of orders: 30 June 2021 Decision date: 30 June 2021 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent for Development Application No. DA 16/20 for the illumination of existing rooftop sign on western elevation of the building is approved subject to the conditions set out in Annexure A. (3) The exhibits are returned except for A, E and 2. Catchwords: DEVELOPMENT APPLICATION – illumination of existing rooftop sign on western elevation of the building – whether the proposed development is compatible with the existing and desired amenity and visual character of the area – whether the proposed development is unacceptable because of the impact of illuminating the existing sign Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 North Sydney Local Environmental Plan 2013, cll 2.3, 4.3, 6.1, 6.2 State Environmental Planning Policy No 64—Advertising and Signage, cll 3, 8, Sch 1 Texts Cited: North Sydney Development Control Plan 2013 Category: Principal judgment Parties: TPG Telecom Limited (formerly Vodafone Hutchison Australia Pty Limited) (Applicant) North Sydney Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) J Merlino (Solicitor) (Respondent)