Ann Hrovat v Marrickville Council [2003] NSWLEC 221

> Land and Environment Court of New South Wales

CITATION : Ann Hrovat v Marrickville Council [2003] NSWLEC 221 PARTIES : Ann Hrovat v Marrickville Council FILE NUMBER(S) : 10620 of 2003 CORAM: Watts C KEY ISSUES: Development Application :- Signs-whether compatible with the building on which they are displayed and whether or not they meet the requirements of the MLEP2001 and the Code. ·Marrickville Local Environmental Plan 2001, (MLEP2001) LEGISLATION CITED: Code for the Control of the Erection of Signs and Advertising Structures, (Code) Environmental Planning and Assessment Act 1979, ss 79C and 97 CASES CITED: DATES OF HEARING: 26 September 2003 DATE OF JUDGMENT: 09/26/2003

Dr S Berveling, barrister, instructed by Mr J M Thompson, solicitor (Applicant) LEGAL REPRESENTATIVES: Mr G A Christmas, solicitor (Respondent)

JUDGMENT: - 2 - IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10620 of 2003

S Watts C

26 September 2003 Ann Hrovat Applicant v Marrickville Council Respondent Judgment 1. Introduction 1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979, against the decision of Marrickville Council (the council) to refuse a development application to advertising signs at premises Lots 1, 2 and 3, SP 3842, being No 466 Marrickville Road, Dulwich Hill. 2 The premises and the proposed signs, which have been already erected, were viewed at the on-site hearing with the parties present. 3 By consent the parties have agreed to modification of two of the signs and the removal of one non-illuminated sign on the Wardell Road frontage. The parties have agreed to conditions. 2. The land 4 The land is situated on the southern corner of Marrickville and Wardell Roads. It has a frontage to Marrickville Road of about 12.2m, and a depth of about 17.8m and an area of 217m2. Erected on the land is a two-storey commercial building occupied on the ground floor by a real estate office. The real estate office occupies Lots 1, 2 and 3 SP 3842 and has the street address of No 466 Marrickville Road. 5 Access to the first floor of the premises is off Wardell Road via a staircase from the ground floor and is occupied for residential purposes. 6 The surrounding area is characterised by residential properties. On the southern side of Marrickville Road there are single-storey dwelling houses, doctors' surgeries and on the northern side of Marrickville Road there are residential flat buildings. A three-storey walk-up residential flat building is directly opposite the land on the southwestern corner of Marrickville and Wardell Roads. 7 Further to the south on Wardell Road, there is a two-storey commercial building and dwelling houses. Shops are located on the remaining corners of Marrickville and Wardell Roads. 3. Relevant planning controls · The Marrickville Local Environmental Plan 2001, (MLEP2001) Clause 41(2) relates to advertisements and advertising structures. · Code for the Control of the Erection of Signs and Advertising Structures, (Code) 4. The proposal and its history 8 Development application No 200200200 was lodged with the respondent council on 28 March 2002, to display the following signs on the building: Wardell Road Frontage (i) One (1) non-illuminated flush wall sign measuring approximately 2m x 1m reading "Award Winning Office Sales, Property Management Commercial Leasing, Strata Management 9560 5366". (ii) One (1) illuminated flush wall sign measuring approximately 3m x 0.6m reading "Professionals". Marrickville Road Frontage (i) One (1) illuminated flush wall sign measuring approximately 6m x 0.6m reading: "Professionals Fabos Real Estate, Dulwich Hill 9560 5366" with logo.