Legge v North Sydney Council [2018] NSWLEC 1288

Land and Environment Court New South Wales

Medium Neutral Citation: Legge v North Sydney Council [2018] NSWLEC 1288 Hearing dates: 9,10 May 2018, Mention 24 May 2018 Date of orders: 15 June 2018 Decision date: 15 June 2018 Jurisdiction: Class 1 Before: Brown C Decision: See orders at [98] and [118] Catchwords: DEVELOPMENT APPLICATION and MODIFICATION APPLICATION: two separate appeals, the first relating to a development application that seeks the removal of existing signage and the replacement with new signage and the second, the modification of an existing sign approval; both appeals seek the erection of three digital LED roof top signs/advertising structures on an existing building; whether power to grant approval or modify existing approval; incompatible with the surrounding area; unacceptable illumination impacts; out of character and will dominate the existing building and locality; exceedance of the maximum height development standard; impact on existing views and vistas; impact on traffic safety; undesirable precedent; undesirable heritage impact; resident objections Legislation Cited: Environmental Planning and Assessment Act 1979 North Sydney Local Environmental Plan 2013 State Environmental Planning Policy No.64 - Advertising and Signage Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Cases Cited: Agricultural Equity Investments Pty Ltd v Westlime Pty Limited (No 3) [2015] NSWLEC 75 Benmill Pty JB No. 3 Pty Ltd v North Sydney Council (2007) Gill v Donald Humberstom & Co Ltd [1963] 3 All ER 180 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Segal & Anor v Waverley Council [2005] NSWCA 310 Woolworths Ltd v Pallas Newco Ply Ltd [2004] NSWCA 422; 61 NSWLR 707 Texts Cited: Joint Expert Report Policy Category: Principal judgment Parties: Tony Legge (Applicant) North Sydney Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) R Lancaster SC & T March (Respondent)