QMS Media Ltd v Georges River Council [2021] NSWLEC 1691

Land and Environment Court New South Wales

Medium Neutral Citation: QMS Media Ltd v Georges River Council [2021] NSWLEC 1691 Hearing dates: Conciliation conference held on 19 October 2021 Date of orders: 12 November 2021 Decision date: 12 November 2021 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The applicant is to pay the respondent's costs thrown away in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed amount of $1.00 within 28 days. (2) The appeal is upheld. (3) Development Consent is granted to development application No. 2020/0065 (REV2020/0032) lodged with the Respondent on 9 February 2020 for the erection of a freestanding illuminated digital display advertising sign at Lots 1-2 DP 1108360 and Lots 3-4 DP 15839 (Nos. 591-611) Princes Highway, Blakehurst, NSW 2221 subject to the conditions of consent set out in Annexure A. Catchwords: APPEAL – development application – advertising sign – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.10, 8.15 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Georges River Local Environmental Plan 2021, cl 1.8A Kogarah Local Environmental Plan 2012, cll 2.3, 4.3, 4.4, 6.1 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No 55 — Remediation of Land, cl 7 State Environmental Planning Policy No 64 – Advertising and Signage, cll 3, 8, 13, 17, 18, Sch 1 Category: Principal judgment Parties: QMS Media Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicant) J Ware (Solicitor) (Respondent)