Outdoor Systems Pty Ltd v Georges River Council and Roads and Maritime Services [2017] NSWLEC 1505

Land and Environment Court New South Wales

Medium Neutral Citation: Outdoor Systems Pty Ltd v Georges River Council and Roads and Maritime Services [2017] NSWLEC 1505 Hearing dates: 14, 15 ,16 24 and 27 April 2017 Date of orders: 03 October 2017 Decision date: 15 September 2017 Jurisdiction: Class 1 Before: Dixon C Decision: See [99] Catchwords: MODIFICATION – conditions of development consent for advertising sign –digital display – change to dwell time – impacts on driver and traffic safety – driver distraction Legislation Cited: Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy 64 Transport Corridor Outdoor Advertising and Signage Guidelines 2007 Draft Transport Corridor Outdoors Advertising and Signage Guidelines Category: Principal judgment Parties: Outdoor Systems Pty Ltd (Applicant) Georges River Council (First Respondent) Roads and Maritime Services (Second Respondent) Representation: Counsel: A Galasso SC (Applicant) M Staunton (Second Respondent)

Solicitors: McCabe Lawyers (Applicant) Lindsay Taylor Lawyers (First Respondent) Hunt & Hunt (Second Respondent) File Number(s): 2016/344564

Judgment

The proposal 1. The applicant seeks approval under s96 (2) of the Environmental Planning and Assessment Act 1979 (EPA Act) to modify two conditions of the development consent 30/97 (as modified) granted by the Council on 10 July 1997 (1997 consent) for a digital sign located on top of the portico of the building at 8 -10 Princes Highway, Kogarah (the Site). 2. The conditions at issue control the timing of the change of the digital display. They currently provide as follows: (3) Static Display Each advertisement shall be displayed in a completely static manner, without any motion, for the approval dwell time of 24 hours. (4) Display Change The display change shall occur in the early hours of the morning. 1. The applicant requests the following modifications: 1. Variation of condition (3) to reflect a 15 second dwell time, and 2. Deletion of condition (4).