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. 4 The statement of basic facts contains details on the statutory controls. Firstly, the Marrickville Local Environmental Plan 2001 under which the site is zoned light industrial 4(b) and the proposed development is permissible with consent. The matter has been considered in accordance with cll 16 and 41. Also, reference is made to State Environmental Planning Policy No. 64. Also, there is the Marrickville code for control and erection of signs and advertising structures and the Marrickville code for industrial development that has apparently been considered. As there are no submissions contrary to this proposal lodged, I accept the parties' agreement that reasonable compliance with the objectives and controls within these planning controls is achieved. 5 Therefore, the Court orders by consent are that: 1. The appeal is upheld. 2. Development consent is granted to DA 2005/00236 lodged with council on 23 May 2005 for an advertising structure (sign 1) at the front of the property at No. 19 Unwins Bridge Road, St Peters, subject to the conditions in annexure A. 3. No order as to costs. ___________________ R Hussey Commissioner of the Court ljr DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.