CLAUDE NEON LTD v COUNCIL OF THE MUNICIPALITY OF LEICHHARDT [1989] NSWCA 37

CLAUDE NEON LID v COUNCIL OF THE MUNICIPALITY OF LEICHHARDT

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

Hope, MEAGHER JJA and ROGERS AJA 13 April 1989, 13 April 1989 [1989] NSWCA 37

Building control — Advertising hoardings — Local Government Act 1919, Pt XI s317B(1A), s510 and s513 — Ordinance 55 — Licence for advertising structure granted by council under Ordinance 55 — Subsequent order by council under s317B(1A) to demolish the structure — Applicability of Pt XI to advertising structures Whether s510 and s513 (and Ordinance 55) exclusive source of powers of councils in relation to advertising structures Repugnancy between Part XI and s510 and s513 — Held affirming Land and Environment Court (Cripps J) that there was no repugnancy and order of council under s317B(1A) was validly made.

Hope JA Capital Holdings Australia Pty Ltd owned at the relevant time the building known as 281 Broadway, Glebe. On 27 October 1986 the Leichhardt Municipal Council, within whose area the property is situated, gave a notice to the owner under s317B(1A) of the Local Government Act 1919 ordering the demolition of an advertising structure mounted on the roof of the building. Before that notice was given the appellant, Claude Neon Limited, had applied to the Council for a licence under Local Government Ordinance 55 for an advertising structure, and presumably associated advertising on that roof sign.

There had been a sign erected on the roof of the building for many years. The subject sign was erected in 1985 to replace the previous sign. The licence which was granted to the appellants on 7 March 1986 was to erect or display an advertising structure on those premises during a period ending 31 December 1988. The appellants, not wishing to demolish the structure or to have it demolished, took proceedings in the Land and Environment Court for a declaration that the Council had no power to give the owner the notice under s317B(1A).