Claude Group Pty Limited v Willoughby City Council [2005] NSWLEC 4

Land and Environment Court of New South Wales

CITATION : Claude Group Pty Limited v Willoughby City Council [2005] NSWLEC 4

APPLICANT Claude Group Pty Limited

PARTIES : RESPONDENT Willoughby City Council

FILE NUMBER(S) : 11222 of 2004

CORAM: Brown C

Development Application :- erection of sign KEY ISSUES: impact on residential amenity integration with building design

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No 64

DATES OF HEARING: 14/12/04

DATE OF JUDGMENT: 01/19/2005

APPLICANT Mr C Ireland, solicitor SOLICITORS Blake Dawson Waldron LEGAL REPRESENTATIVES: RESPONDENT Ms E Duenow, solicitor SOLICITORS Mallesons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

19 January 2005

11222 of 2004 Claude Group Pty Limited v Willoughby City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the imposition of a deferred commencement condition by Willoughby City Council (the council) on DA 2004/70(C) for the erection of a sign on the building located at 207 Pacific Highway, St Leonards (the site). The deferred commencement condition 2 The deferred commencement condition states: 1) Amended plans are to be submitted which delete the current signage and replace it with signage limited to the southern (highway facing) facade in the following form: A. The sign (being dimensioned 8.3 m by 2.1 m and fronting Pacific Highway) is to be relocated to with any area nominated for future signage on the southern (Highway facing) elevation under the original consent Plan's (under Development Consent No 2000/1103 dated 30 Jan 2001 approved plan no. DA-551 issue C dated30/10/00) B. The sign is to be centred mid way of this designated signage area and is not to project above a height of RL 122. This south facing sign is to be attached to the outer face of the louvred plant room wall and not projecting generally more than 600 mm from the louvres/plant room wall. C. The content and size of lettering/characters shall remain unchanged from that show on the latest submitted amended plans. D. Illumination of this south facing advertising structure is to be time clocked to switch off no later than 10.00 pm each night. This shall be noted on the plans. The application 3 The application seeks to delete the deferred commencement condition to allow for the installation of a part illuminated and part non - illuminated sign to the building located on the corner of Herbert Street and the Pacific Highway, naming the major tenant as AUSTCORP and their logo. The proposed sign is to be located near the top of the south - eastern corner of the 11 storey building, positioned in front of rooftop louvres approved (but not yet installed) to screen future plant and machinery. The proposed signage is to extend around the corner of the building on both elevations (See Attachment 1). 4 The south facing sign (to the Pacific Hwy) has overall dimensions of 8.3 metres by 2.1 metres. The word AUSCORP has dimensions of 7.45 metres by 0.964 metres. The east facing sign (to Herbert St.) has overall dimensions of 9.5 metres by 2.1 metres. The word AUSCORP has dimensions of 6.505 metres by 0.842 metres. Also included within the east facing sign is a stylised kangaroo corporate logo. This logo has dimensions of 2.036 metres by 0.763 metres (See Attachment 2).