Bronte RSL Club Limited v Waverley Council [2006] NSWLEC 61

Land and Environment Court of New South Wales

CITATION : Bronte RSL Club Limited v Waverley Council [2006] NSWLEC 61

APPLICANT: PARTIES : Bronte RSL Club Limited RESPONDENT: Waverley Council

FILE NUMBER(S) : 11332 of 2005

CORAM: Watts C at 1

KEY ISSUES: Development Application :- Whether the proposed sign is appropriate in the streetscape and would not adversely impact on residential amenity

Waverley Local Environmental Plan 1996, (WLEP) LEGISLATION CITED: Development Control Plan No 8 - Advertising Signs and Structures, (DCP8) Environmental Planning and Assessment Act 1979, ss 79C and 97

DATES OF HEARING: 16/02/2006

DATE OF JUDGMENT: 02/16/2006

APPLICANT: Mr M E McMahon, solicitor SOLICITORS: LEGAL REPRESENTATIVES: M E McMahon & Associates RESPONDENT: Mr A McKelvey, solicitor SOLICITORS: Sparke Helmore

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Watts C

16 February 2006

11332 of 2005 - Bronte RSL Club Limited v Waverley Council

JUDGMENT

1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979, against the decision of Waverley Council (the council) to refuse a development application to erect a new Light Emitting Diode (LED) illuminated, above-awning sign at Lot 22, DP72912; Lot 19, DP 1092094; Lot 20, DP 1092094; and Lot 21, DP 192094; being No 113 Macpherson Street, Bronte. 2 I visited the land in company with the parties on the morning of the s 34B conference, which was held as an on-site hearing. 3 I have concluded that the LED display should be trialled for a period of one year, and I have approved the proposed new sign in the location of the existing above-awning sign subject to conditions. The land 4 The land is situated on the southern side of Macpherson Street, between Arden and St Thomas Streets and is on a relatively flat section of Macpherson Street. 5 In the surrounding area there is a mixture of single-storey and two-storey residential dwellings and residential flat buildings. Some shops exist further east of the land. Relevant planning controls Waverley Local Environmental Plan 1996, (WLEP) 6 Under the provisions of the WLEP the land is zoned and the proposal is permissible with consent. Development Control Plan No 8 - Advertising Signs and Structures, (DCP8) Exempt and Complying Development, Development Control Plan No 29, (DCP29) Advertising and Notification Development Control Plan No 27, (DCP27) Bronte Commercial Centres Policy, (Draft Policy) The council adopted the Draft Policy on 5 July 2005. Under cl 5.3.6 the strategy is to ensure that signage and advertising communicate effectively and contribute in a positive way to the public domain. To this end the council seeks to prohibit above-awning signs. The proposal and its history 7 Development application No 870/2004 was lodged with the respondent council on 22 December 2004 to erect a new single-sided LED illuminated, above awning sign at the Bronte RSL in Macpherson Street. 8 The council received a complaint that a sign had been illegally erected at the abovementioned premises. After being investigated, a development application was invited, and this was received on 22 December 2004. 9 It is proposed to remove the existing sign and replace it with the new sign towards the front or western end of the awning. The new sign would be illuminated between the hours of 10am to 8pm daily, and would be supported by a L-shaped bracket to reduce the prominence of any signage support. 10 The illuminated sign would be located at the front of the club above the awning and would display the club logo with moving word messages of the upcoming events and information for members and guests of the club. The dimensions of the sign would be 2.55m long, 2.0m high and 250mm thick. 11 The club operates until 11.30pm Monday to Thursday, midnight Friday/Saturday and 10pm Sunday and caters for around two thousand members who are predominantly from the local area. Notification 12 The application was notified to nearby owners and occupants and the council received one objection that was later withdrawn. 13 Another submission was received to the s 82A review. The council's decision 14 The application was refused under delegated authority of the council on 24 February 2005. Later a s 82A review lodged with the council on 23 March 2005 was refused by the council on 28 June 2005. 15 By notice dated 28 June 2005 the council refused the development application for four reasons that are reflected in the issues. The hearing 16 The appeal was filed on 10 November 2005. 17 At the hearing the court heard evidence on behalf of the respondent council from Mr J Coudounaris, Statutory Planner, of Waverley Council. 18 On behalf of the applicant Mr A Betros, consultant town planner, gave evidence. 19 Mr Coudounaris, also prepared the statement of basic facts dated 6 December 2005 The issues 20 On 23 December 2005 the council filed a statement of issues. ISSUE 1 - The proposed development should not be approved, as it will have a detrimental impact upon the amenity of the surrounding area. Particulars (a) The proposed development will adversely impact the existing streetscape appearance of Macpherson Street; (b) The proposal will result in the proliferation of signage along Macpherson Street