Apparition Media Pty Ltd v The Council of the City of Sydney [2018] NSWLEC 1590

Land and Environment Court New South Wales

Medium Neutral Citation: Apparition Media Pty Ltd v The Council of the City of Sydney [2018] NSWLEC 1590 Hearing dates: 12 November 2018 Date of orders: 12 November 2018 Decision date: 12 November 2018 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Applicant is granted leave to rely on the amended plans dated 24 September 2018, and referred to in condition 1 of Annexure A. (2) The appeal is upheld. (3) Development Application No. RD/2017/954/A for a painted advertising mural on the northern external wall of an existing single storey building at 4-6 York Street, Sydney, legally known as Lots 13, 14, 15 and Part 16, Section 1 in DP 939718, is approved subject to the conditions set out at Annexure A.

The Court notes that for the purposes of s 8.15(3) of the Environmental Planning and Assessment Act 1979, the parties agree that the amendments to the proposal are minor. Catchwords: APPEAL – development application – wall advertisement – breach of requirements of SEPP 64 – whether development standard or prohibition – request to grant consent notwithstanding breach of development standard – whether other requirements of SEPP 64 met Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 State Environmental Planning Policy No 1 – Development Standards State Environmental Planning Policy No 64 - Advertising and Signage Sydney Local Environmental Plan 2012 Cases Cited: Adbooth Pty Ltd v Botany Bay City Council [2006] NSWLEC 710 Agostino v Penrith City Council (2010) 172 LGERA 380; [2010] NSWCA 20 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Laurence Browning Pty Ltd v Blue Mountains City Council [2006] NSWLEC 74 Principal Healthcare Finance Pty Ltd v Council of the City of Ryde [2016] NSWLEC 153 Residents Against Improper Development Inc and Another v Chase Property Investments Pty Ltd (2006) 149 LGERA 360; [2006] NSWCA 323 Strathfield Municipal Council v Poynting (2001) 116 LGERA 319; [2001] NSWCA 270 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Woollahra Municipal Council v Carr (1985) 62 LGRA 263 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: Apparition Media Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Solicitors: M Winram, Maddocks Lawyers (Applicant) A Singh (Respondent) File Number(s): 2018/228805 Publication restriction: No