Captive Vision Pty Limited v North Sydney Council [2019] NSWLEC 1425

Land and Environment Court New South Wales

Medium Neutral Citation: Captive Vision Pty Limited v North Sydney Council [2019] NSWLEC 1425 Hearing dates: Conciliation conference on 4 September 2019 Date of orders: 10 September 2019 Decision date: 10 September 2019 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) Leave is granted for the Applicant to rely on the Lighting Impact Assessment by Electrolight Australia Pty Ltd dated 26 February 2019; (2) The appeal is upheld; (3) Development consent is granted to Development Application No. 193/2018 for the removal of an existing static illuminated advertising wall sign and the erection of a new digital advertising wall sign on the eastern elevation of 287 Military Road, Cremorne NSW, subject to the conditions set out in Annexure "A"; (4) No orders as to costs. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 North Sydney Local Environmental Plan 2013 Roads Act 1993 State Environmental Planning Policy No 64 – Advertising and Signage Texts Cited: AS4282-1997 for the Control of the Obtrusive Effects of Outdoor Lighting Department of Planning and Environment, Transport Corridor Advertising and Signage Guidelines 2017 North Sydney Development Control Plan 2013 Category: Principal judgment Parties: Captive Vision Pty Limited (Applicant) North Sydney Council (Respondent) Representation: Counsel: N Brunton (Solicitor) (Applicant) K Law (Solicitor) (Respondent)