Captive Vision Pty Ltd v North Sydney Council [2023] NSWLEC 1011

Land and Environment Court New South Wales

Medium Neutral Citation: Captive Vision Pty Ltd v North Sydney Council [2023] NSWLEC 1011 Hearing dates: Conciliation conference on 22 November 2022; 9 and 22 December 2022 Date of orders: 11 January 2023 Decision date: 11 January 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The appeal is upheld. (2) The application to modify the conditions of Development Consent No. 193/2018 to change the dwell time of the signage is approved in the form of the conditions in Annexure A to this agreement. Catchwords: MODIFICATION APPLICATION – digital signage on classified road – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.55 Land and Environment Court Act 1979 ss 34, 64(1) North Sydney Local Environmental Plan 2013 State Environmental Planning Policy (Industry and Employment) 2021 Ch 3, Sch 5 Cases Cited: Captive Vision Pty Limited v North Sydney Council [2019] NSWLEC1425 Texts Cited: North Sydney Development Control Plan 2013 Transport Corridor Outdoor Advertising and Signage Guidelines November 2017 Category: Principal judgment Parties: Captive Vision Pty Ltd (Applicant) North Sydney Council (First Respondent) Transport for NSW (Second Respondent) Representation: Counsel: N Brunton (Solicitor) (Applicant) K Law (Solicitor) (First Respondent) A Hemmings (Second Respondent)