Administration and Marketing Solutions Pty Ltd v Tamworth Regional Council [2011] NSWLEC 1343

Land and Environment Court New South Wales

Medium Neutral Citation: Administration and Marketing Solutions Pty Ltd v Tamworth Regional Council [2011] NSWLEC 1343 Hearing dates: 1, 2 August 2011 Decision date: 29 November 2011 Jurisdiction: Class 1 Before: Pearson C Decision: Direction to be made in consultation with the parties for provision of conditions or amended plans Catchwords: Development application - signage -business identification sign - building identification sign - wall advertisement - roof or sky advertisement - heritage item Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 64 - Advertising and Signage Tamworth Local Environmental Plan 1996 Business Names Act 2002 Cases Cited: Bunnings Pty Ltd v Auburn Council (2004) 134 LGERA 386 Bunnings Pty Ltd v Auburn Council [2003] NSWLEC 212 Category: Principal judgment Parties: Administration and Marketing Solutions Pty Ltd (Applicant) Tamworth Regional Council (Respondent) Representation: Counsel Mr N Eastman (Applicant) Solicitors Mr H Rotstein, Rotstein Lockwood Reddy Lawyers (Applicant) Mr R Mallick, Mallick Rees Lawyers (Respondent) File Number(s): 10206 of 2011

Judgment 1This is an appeal under s 97(1) of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by the respondent Council of consent to Development Application 0235/2011 for the installation of 31 advertisements on three elevations of an existing building at 130-138 Peel Street Tamworth (the site). 2The site is Tenancies 2 and 3 in a single storey masonry building. The building has a frontage to Peel Street (to the east), Jewry Street (to the north) and Brewery Lane (to the west). Vehicular access to the site is provided from the Peel Street and Brewery Lane frontages. There is a separate detached building (Tenancy 1) on the other side of the driveway entrance from Peel Street which is occupied by "Spotlight", and an associated shared car parking area, which also services other retail premises at the rear on the Brewery Lane frontage. 3The building containing Tenancies 2 and 3 is identified as a Heritage Item under Tamworth Local Environmental Plan 1996. The surrounding land uses are a mix of commercial and residential uses, and include a number of other heritage items. 4The site is occupied by a pharmacy, and the development application sought approval for a total of 31 advertisements associated with "Chemist Warehouse", including five illuminated signs. The proposed signs were depicted on plans lodged with the development application, as annexed to these reasons. 5The issues between the parties are whether any of the proposed advertisements are prohibited, and whether on consideration of the merits approval for installation of some or all of the advertisements which are permissible should be granted.