ICC Group Wollongong Pty Ltd v Wollongong City Council [2022] NSWLEC 1335

Land and Environment Court New South Wales

Medium Neutral Citation: ICC Group Wollongong Pty Ltd v Wollongong City Council [2022] NSWLEC 1335 Hearing dates: Conciliation conference on 9 March 2022; 26 April 2022; 17 May 2022; 14 June 2022 Date of orders: 29 June 2022 Decision date: 29 June 2022 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application 2021/435 for the replacement of the existing vinyl skin advertising sign and the associated directional up lights (five in number) located along the underside of the sign with a digital screen in relation to Lots 1 and 2 in DP 387153, known as 325-327 Crown Street, Wollongong, subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – removal of an existing advertising sign and floodlights and replacement with an internally illuminated LED advertising sign – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, ss 34, 64 State Environmental Planning Policy (Industry and Employment) 2021, Ch 3, ss 3.1, 3.6, 3.11, 3.16, 3.20, Sch 5 Wollongong Local Environmental Plan 2009, cl 2.3 Texts Cited: Australian Standard 4282-2019 Control of Obtrusive Effects of Outdoor Lighting Transport Corridor Outdoor Advertising and Signage Guidelines (November 2017) Wollongong Development Control Plan 2009 Category: Principal judgment Parties: ICC Group Wollongong Pty Ltd (Applicant) Wollongong City Council (First Respondent) Transport for NSW (Second Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) J Reilly (Solicitor) (First Respondent) H Kalarostaghi (Solicitor) (Second Respondent)