Wilson Parking Australia 1992 Pty Ltd v Council of the City of Sydney [2012] NSWLEC 1337

Land and Environment Court New South Wales

Medium Neutral Citation: Wilson Parking Australia 1992 Pty Ltd v Council of the City of Sydney [2012] NSWLEC 1337 Hearing dates: 22 November 2012 Decision date: 22 November 2012 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. The application to modify development consent D/2011/309 for signage for a public car park at 4 Point Street Pyrmont is approved and is subject to the conditions in Annexure A. 3. The exhibits are returned except for exhibits 5, A and B. Catchwords: APPEAL: application to modify development consent for signage associated with a public car park Legislation Cited: City of Sydney Signage and Advertising Structures Development Control Plan 2005 Environmental Planning and Assessment Act1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 64 Urban Development Plan for Ultimo-Pyrmont Precinct Category: Principal judgment Parties: Wilson Parking Australia 1992 Pty Ltd (Applicant) Council of the City of Sydney (Respondent) Representation: Mr G Green, solicitor (Applicant) Mr P Kapetas, solicitor (Respondent) Solicitors Pikes & Verekers (Applicant) Council of the City of Sydney (Respondent) File Number(s): 10889 of 2012

Judgment 1COMMISSIONER: This is an appeal against refusal by the Council of the City of Sydney of an application to modify development consent D/2011/309 under s 96(1A) of the Environmental Planning and Assessment Act 1979 granted on 27 April 2011 for signage associated with a public car park at 4 Point Street Pyrmont. 2The appeal was subject of a conciliation conference on 22 November 2012 under s 34 of the Land and Environment Court Act 1979. As no agreement was reached the conciliation conference was terminated pursuant to s 34(4)(a). The parties consented to me disposing of the proceedings forthwith pursuant to s 34(4)(b)(i) and on the basis of what occurred at the conciliation conference pursuant to s 34(4)(b)(ii). 3The conditions in dispute are conditions 2 and 6. These conditions state: (2) Design Modifications. The design of the building must be modified as follows: (a) the two (2) car park identification wall signs are to be reduced in size to 800 mm (w) x 2000 mm (h). The modifications are to be submitted to and approved by Council prior to a Construction Certificate being issued. (6) Signage-Time Limited Consent. The sign(s) and any associated structures must be removed and the building/site reinstated within a period of 3 years from the date of consent or on termination of the subject lease of the property, whichever occurs first. If the sign is to be retained after this period a new development application must be lodged with council before the expiration of the consent. 4The application seeks the deletion of both conditions 2 and 6.