Tamas Real Estate Pty Limited v Council of the City of Sydney [2005] NSWLEC 405

Land and Environment Court of New South Wales

CITATION : Tamas Real Estate Pty Limited v Council of the City of Sydney [2005] NSWLEC 405

APPLICANT Tamas Real Estate Pty Limited

PARTIES : RESPONDENT Sydney City Council

FILE NUMBER(S) : 10162 of 2005

CORAM: Moore C

Development Consent :- Modification of a consent Signage protruding above a shopfront KEY ISSUES: .

Environmental Planning and Assessment Act 1979 City of Sydney Signage and Advertising Structures Development Control Plan 2003 LEGISLATION CITED: City of Sydney Signage and Advertising Structures Development Control Plan 2005 .

Zhang v Canterbury City Council (2001) 115 LGERA 373 ; CASES CITED: Stockland Holdings v Manly Council [2004] NSWLEC 472; .

DATES OF HEARING: 19 July 2005 EX TEMPORE JUDGMENT DATE : 07/19/2005

APPLICANT Mr Tamas, agent

LEGAL REPRESENTATIVES: RESPONDENT Mrs L. Finn, solicitor Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

19 July 2005

10162 of 2005 Tamas Real Estate Pty Limited v Sydney City Council

JUDGMENT

1 This is an appeal pursuant to s 96 of the Environmental Planning and Assessment Act1979 (the Act) in which the applicant, Tamas Real Estate Pty Limited seeks to modify a consent from the Council of the City of Sydney (the council) to enable the erection of a projecting wall sign from the western most of two balconies protruding above the shopfront of the applicant's premises on the ground floor of 128 Cleveland Street, Chippendale (the site). The proposal has been through a review process undertaken by the council as a consequence of which the applicant has a consent for the erection of an under-awning sign outside its premises and setback somewhat lower than the sign which it now proposes.