Whitehall Property Services Pty Limited v Randwick City Council [2019] NSWLEC 19

Land and Environment Court New South Wales

Medium Neutral Citation: Whitehall Property Services Pty Limited v Randwick City Council [2019] NSWLEC 19 Hearing dates: 12 February 2019 Date of orders: 01 March 2019 Decision date: 01 March 2019 Jurisdiction: Class 1 Before: Pain J Decision: (1) The appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 against the deemed refusal of development application number DA-467/2017 is dismissed.

(2) The exhibits are returned. Catchwords: APPEAL – class 1 appeal against refusal of advertising sign at Kingsford – whether compatible with current and desired future character Legislation Cited: Environmental Planning and Assessment Act 1979 ss 1.4, 3.28, 4.15 Randwick City Council Development Control Plan 2013 Pts D2, F2 Randwick Local Environmental Plan 2012 cll 1.2, 2.3, Land Use Table Roads Act 1993 State Environmental Planning Policy No 64—Advertising and Signage cll 3, 4, 7, 8, 10, 11, 13, 14, 17, 18, Sch 1 Texts Cited: AS 4282-1997 Control of the Obtrusive Effects of Outdoor Lighting Draft Planning Strategy Kensington and Kingsford Town Centres Kingsford and Kensington Town Centre Review – Issues Paper (2016) Transport Corridor Outdoor Advertising and Signage Guidelines Category: Principal judgment Parties: Whitehall Property Services Pty Limited (Applicant) Randwick City Council (Respondent) Representation: COUNSEL: Dr J Smith (Applicant) R O'Gorman Hughes (Respondent)