Forbes Rigby Pty Ltd v Wollongong Council [2003] NSWLEC 423

> Land and Environment Court of New South Wales

CITATION : Forbes Rigby Pty Ltd v Wollongong Council [2003] NSWLEC 423 APPLICANT Forbes Rigby Pty Ltd PARTIES : RESPONDENT Wollongong Council FILE NUMBER(S) : 10446 of 2003 CORAM: Murrell C KEY ISSUES: Development Application :- advertising signs on the overpass bridge of the Princes Highway - visual impact - community benefit - safety

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: 1990 Local Environmental Plan State Environmental Planning Policy No. 64 State Environmental Planning Policy No. 1 CASES CITED: DATES OF HEARING: 17/12/03, 18/12/03 and 19/12/03 EX TEMPORE JUDGMENT DATE : 12/19/2003

APPLICANT Mr G. Newport instructed by Mr P. Moggach of Kearns Garside

LEGAL REPRESENTATIVES: RESPONDENT Mr C. Leggatt instructed by Mr M. Manti of Peedoms

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10446 of 2003 Murrell C 19 December 2003 Forbes Rigby Pty Ltd Applicant

v

Wollongong Council Respondent Judgment

1. This is an extempore judgment in a matter that I heard over the last two days for an appeal under s 97 of the Environmental Planning and Assessment Act against Wollongong City Council's refusal of a development application for advertising signs on the road overpass bridge known as, Heywoods Bay Bridge, which is adjacent to the Yallah Industrial Area.