First Neon A/Asia Pty Ltd v Sydney City Council [2005] NSWLEC 24

Land and Environment Court of New South Wales

CITATION : First Neon A/Asia Pty Ltd v Sydney City Council [2005] NSWLEC 24

APPLICANT First Neon A/Asia Pty Ltd PARTIES : RESPONDENT Sydney City Council

FILE NUMBER(S) : 11219 of 2004

CORAM: Nott C

Development Application - Development Consent :- proposed projecting vertical wall sign - size and height (9 m) - streetscape character KEY ISSUES:

Signage and Advertising Structures Development Control Plan 2003 LEGISLATION CITED: Draft Signage and Advertising Structures Development Control Plan 2005 Development Control Plan No. 7

DATES OF HEARING: 3 February 2005

DATE OF JUDGMENT: 02/03/2005

EX TEMPORE JUDGMENT DATE : 02/03/2005

APPLICANT Mr J Robson SC SOLICITORS Landerer & Company LEGAL REPRESENTATIVES:

RESPONDENT Stan Kondilios, solicitor SOLICITORS Maddocks Lawyers

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

Nott C

3 February 2005 11219 of 2004: First Neon A/Asia Pty Ltd v Sydney City Council

JUDGMENT 1 This appeal relates to a proposed projecting wall sign at the Formule1 Motel, 191–201 William Street, East Sydney. The proposed sign is to be supported by unobtrusive horizontal supports that project out 1 m from the masonry streetfront façade of the building. The sign itself is 9 m high and projects out further by 1.2 m from the supporting members, so that the structure is then 2.2 m from the masonry façade of the building. It is necessary for the sign to be separated from the masonry elements because there are other elements in the nature of sunshades or decorative features on the front façade of the building. This proposed sign is elevated three floors approximately above street level. The sign was refused by the Council.