DeiCorp Construction Pty Limited v Council of the City of Sydney [2013] NSWLEC 1269

Land and Environment Court New South Wales

Medium Neutral Citation: DeiCorp Construction Pty Limited v Council of the City of Sydney [2013] NSWLEC 1269 Hearing dates: 11 December 2013 Decision date: 13 December 2013 Jurisdiction: Class 1 Before: Dixon C Decision: In matter number 10459 of 2013: (1)The appeal is upheld. (2)Development Application No D/2013/153 is granted for the display of four signs at 161 Redfern Street, Redfern subject to the conditions in Annexure "A". In matter number 10777 of 2013: (1)The appeal is upheld. (2)Council is directed to issue a building certificate for the signs following the modification as required by Condition 2 of the Development Consent D/2013/153 as ordered by the Court in proceedings number 10459 of 2013. Catchwords: APPEAL - illuminated signage Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Major Development) 2005 State Environmental Planning Policy No. 64, Advertising and Signage Category: Principal judgment Parties: Deicorp Construction Pty Limited (Applicant)

Council of the City of Sydney (Respondent) Representation: Ms J Hewitt (Applicant)

Mr A Hawkes (Respondent) HWL Ebsworth Lawyers (Applicant)

City of Sydney Council (Respondent) File Number(s): 10459 of 2013 10777 of 2013

Judgment 1The applicant, DeiCorp Constructions Pty Ltd, seeks approval to display four permanent illuminated signs on the roof of a mixed-use building located on the corner of Redfern and Gibbons Street, Redfern. The signs are erected and display the word 'DeiCorp' on the northern and southern sides of the structure and the letters 'DC', which is the applicant's company logo, on the western and eastern sides of the structure. 2The respondent, the Sydney City Council, has refused its consent to the display of the signage and that decision founds the applicant's appeal to the Court under s 97(1) of the Environmental Planning and Assessment Act 1979 (EP & A Act). The development appeal is proceedings no: 13/1045. 3The Court is also dealing with the applicant's appeal against the Council's refusal of its building certificate application for the development. The building certificate appeal is matter no: 13/10777. 4The background facts and the statutory framework against which the Court must determine these applications is set out in the Council's agreed statement of facts and contentions (Exhibit 3). The statement also identifies the matters in dispute. However, most of the issues identified in the statement have been resolved by the provision of further information and/ or the applicant's agreement to the imposition the Council's draft conditions of consent (Exhibit 4).