Centro Properties Pty Ltd v Albury City Council [2005] NSWLEC 721

Land and Environment Court of New South Wales

Centro Properties Pty Ltd v Albury City Council [2005] NSWLEC 721 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Centro Properties Pty Ltd

PARTIES : RESPONDENT Albury City Council

FILE NUMBER(S) : 10605 of 2005

CORAM: Murrell C

KEY ISSUES: Development Application :- Erection of 12 m advertising sign - impact on surrounding area - height- impact on adjoining residential area

Environmental Planning and Assessment Act 1979 Albury Local Environmental Plan 2000 LEGISLATION CITED: Albury Development Control Plan 2000 State Environmental Planning Policy No. 64

CASES CITED: Zhang v Canterbury City Council [2001] NSWCA 167

DATES OF HEARING: 16/09/2005, 03/11/2005 - Further evidence 10/11/2005

DATE OF JUDGMENT: 12/23/2005

APPLICANT Ms G Furness, barrister Instructed by: SOLICITORS Mallesons Stephen Jaques LEGAL REPRESENTATIVES: RESPONDENT Mr M Rogers, solicitor SOLICITORS Kell Moore Solicitors Pty Ltd

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

23 December 2005

10605 of 2005 Centro Properties Pty Ltd v Albury City Council

JUDGMENT

1 This judgment is for an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the consent granted by Albury City Council 7 January 2005 wherein the development is described as an "8 m high internally illuminated pylon sign". The applicant is appealing the height of 8 m and seeks a 12 m sign as depicted in the plan accompanying the development application.