Ooh!Media Limited v Willoughby City Council and anor [2022] NSWLEC 1332

Land and Environment Court New South Wales

Medium Neutral Citation: Ooh!Media Limited v Willoughby City Council and anor [2022] NSWLEC 1332 Hearing dates: 4-5 May 2022; 1 June 2022 Date of orders: 28 June 2022 Decision date: 28 June 2022 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The appeal is dismissed. (2) Modification Application DA-2021/23 to modify Development Consent DA-86/322 to convert an existing illuminated static advertising sign on the land described as Lot 2 DP 170039 known as 962 Pacific Hwy Roseville to a digital advertising sign is determined by way of refusal. (3) All exhibits are returned with the exception of Exhibits A and C5, which are retained. Catchwords: MODIFICATION APPLICATION – advertising sign – modification to replace existing illuminated static sign with digital sign and associated works – whether substantially the same development – whether acceptable in terms of road safety Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9, 8.11 Land and Environment Court Act 1979, s 64 State Environmental Planning Policy (Industry and Employment) 2021, Sch 5 Cases Cited: Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd (No 3) [2015] NSWLEC 75 Arrage v Inner West Council [2019] NSWLEC 85 Feldkirchen Pty Ltd v Development Implementation Pty Ltd [2021] NSWLEC 116 North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468 SDHA Pty Ltd v Waverley Council (2015) 209 LGERA 233; [2015] NSWLEC 65 1643 Pittwater Road Pty Ltd v Pittwater Council [2004] NSWLEC 685 Texts Cited: NSW Department of Planning and Environment, Transport Corridor Outdoor Advertising and Signage Guidelines (November, 2017) Willoughby Development Control Plan 2006 Category: Principal judgment Parties: Ooh!Media Limited (Applicant) Willoughby City Council (First Respondent) Transport for NSW (Second Respondent) Representation: Counsel: A Stafford (Applicant) D Robertson (First Respondent) N Eastman SC (Second Respondent)