Zhou v Marrickville Council [2005] NSWLEC 564

Land and Environment Court of New South Wales

CITATION : Zhou v Marrickville Council [2005] NSWLEC 564

APPLICANT Jack Zhou PARTIES : RESPONDENT Marrickville Council

FILE NUMBER(S) : 10901 of 2005

CORAM: Hussey C

Appeal :- Number of Signage allowed on property. KEY ISSUES:

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Marrickville Local Environmental Plan 2001 State Environmental Planning Policy No. 64

DATES OF HEARING: 28/09/2005 EX TEMPORE JUDGMENT DATE : 09/28/2005

APPLICANT Mr R. Creighton, agent

LEGAL REPRESENTATIVES:

RESPONDENT Mr G. Christmas, solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

28 September 2005

10901 of 2005 Jack Zhou v Marrickville Council

This decision was given as an extempore decision. It has been revised and edited prior to publication.

JUDGMENT 1 I am familiar with this particular site, which is No. 19 Unwins Bridge Road because there was a previous appeal for extra advertising signs on it earlier this year.

2 This current proposal is for reduced signage. Initially, it was for two signs but after further negotiation between the parties they have decided and agreed that one sign is appropriate to achieve the rationalisation and consolidation of signage on the site, and accordingly they agree to consent orders.

3 Considering the background of the matter, I rely on the details contained within the statement of basic facts that is provided. The description of the proposal is that the advertising structure is to be freestanding, measuring 4.1 m high and 2.25 m wide and comprising three separate panels. The agreed conditions of consent limit the type of advertising to be displayed on those panels with particular emphasis on the site identification on the top panel.