Bunnings Building Supplies Pty Ltd v Auburn Council [2003] NSWLEC 212

> Land and Environment Court of New South Wales

CITATION : Bunnings Building Supplies Pty Ltd v Auburn Council [2003] NSWLEC 212 APPLICANT Bunnings Building Supplies Pty Ltd PARTIES : RESPONDENT Auburn Council FILE NUMBER(S) : 10999 of 2002 CORAM: Pain J Construction and Interpretation :- whether the proposed signage is a business identification sign under SEPP 64 - proper construction of the definition of business identification sign in cl 4(1) of SEPP 64 - whether "and" in par (a)(i) and (a)(ii) of the definition should be read in the conjunctive or disjunctive KEY ISSUES: Development Application :- appeal against deferred commencement condition in relation to signage - whether the proposed signage is one sign or two - whether signage which is not a business identification sign under SEPP 64 can be approved on any other basis under SEPP 64 - whether that part of the signage which constitutes a business identification sign should be approved on the merits Auburn Development Control Plans 2000 LEGISLATION CITED: Auburn Local Environmental Plan 2000 cl 20, cl 22 Environmental Planning and Assessment Act 1979 s 97 State Environmental Planning Policy No 64 - Advertising and Signage cl 3, cl 4, cl 6, cl 7, cl 8, cl 19, Sch 1 Finance Facilities Pty Limited v Federal Commissioner of Taxation (1971) 127 CLR 106; AI MacAdam and TM Smith Statutes - Rules and Examples, 3rd ed, Butterworths; CASES CITED: DC Pearce and RS Geddes Statutory Interpretation in Australia, 4th ed, Butterworths; R v Oakes [1959] 2 QB 350; Re The Licensing Ordinance (1968) 13 FLR 143 DATES OF HEARING: 18-19/06/2003 DATE OF JUDGMENT: 09/18/2003