Zhou J v Marrickville C [2005] NSWLEC 101

Land and Environment Court of New South Wales

CITATION : Zhou J v Marrickville C [2005] NSWLEC 101

APPLICANT Jack Zhou

PARTIES : RESPONDENT Marrickville Council

FILE NUMBER(S) : 11580 of 2004

CORAM: Hussey C

Development Application :- erection of four pylon advertising type signs adjacent to a commercial industrial property. KEY ISSUES:

Marrickville LEP LEGISLATION CITED: SEPP 64

DATES OF HEARING: 10/03/2005 EX TEMPORE JUDGMENT DATE : 03/10/2005

APPLICANT Mr R. Creighton, agent

LEGAL REPRESENTATIVES: RESPONDENT Mr G. Christmas, solicitor of Marrickville Council

JUDGMENT: ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

10 March 2005

11580 of 2004 Jack Zhou v Marrickville Council

JUDGMENT 1 This appeal is against council's refusal of a development application for four pylon-type, advertising signs within the front setback landscaping area of the commercial/industrial property at 19 Unwins Bridge Road, St. Peters.

2 The proposal has been assessed by Mr Lusher, the council's planner and also Mr Boers, the applicant's planner. Two issues were identified for the appeal. The first one concerns the signs visual impact, in detracting from the appearance from the subject property and streetscape. The second issue deals with the amount of signage currently on the building, in terms of that allowable in the council controls.

3 The planners have assessed the proposal in terms of the criteria in the Marrickville LEP, specifically cl. 41 and also SEPP 64, which contains Schedule 1 - the criteria for site evaluation. In this case the most critical aspect is the streetscape impacts because the existing development signage exceeds the amount of signage that is currently allowed. However, these experts have undertaken a joint conference and they agree that the location of the proposed signage within the landscape area is inappropriate.