Studio 88 Pty Limited v Wollongong City Council [2004] NSWLEC 62

Land and Environment Court of New South Wales

CITATION : Studio 88 Pty Limited v Wollongong City Council [2004] NSWLEC 62 APPLICANT Studio 88 Pty Limited PARTIES : RESPONDENT Wollongong City Council . FILE NUMBER(S) : 11576 of 2003 CORAM: Moore C Development Application :- KEY ISSUES: Size of signage structure Future character of area or locality . State Environmental Planning Policy 64 - Advertising and Signage LEGISLATION CITED: City of Wollongong Local Environmental Plan 1990 . Manzie v Willoughby City Council 96 LEC 26; CASES CITED: Newbury District Council v Secretary of State for the Environment ; (1980) 1 All E R 73; . DATES OF HEARING: 24 February 2004 DATE OF JUDGMENT: 03/04/2004

APPLICANT Mr T Franks, agent

LEGAL REPRESENTATIVES: RESPONDENT Mr M Mantei, solicitor Kells the Lawyers

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 11576 of 2003 Moore C 4 March 2004 Studio 88 Pty Limited Applicant v Wollongong City Council Respondent

Introduction 1 Although the matter was originally scheduled to be an on-site hearing, because of the range of issues involved arising out of State Environmental Planning Policy 64, Advertising and Signage ("SEPP 64"), I indicated to the parties at the conclusion of the on-site hearing on 24 February 2004 that the appeal should be dismissed. Although I also outlined the nature of the formal orders that I proposed to make, I indicated that I proposed to reserve provision of my reasons for decision in order to give more considered reasons dealing with the matters arising out of the provisions of SEPP 64.