888 New Canterbury Road Pty Ltd v Inner West Council [2020] NSWLEC 1067

888 New Canterbury Road Pty Ltd v Inner West Council [2020] NSWLEC 1067

The proposed signage, as originally drafted, using Pantone Red and involving window treatments to all shopfront bays, is not compatible with the existing or desired character of the Dulwich Hill Commercial Precinct HCA due to its extent, boldness, and potential impact on the streetscape. However, subject to conditions replacing Pantone Red with Indian Red and restricting the extent and nature of window signage (retention of alternating clear windows and clear splayed corner windows), as well as specifying installation and maintenance of external signage film, the development as amended will have no unacceptable adverse impact and satisfies statutory and planning controls. The appeals are...

Parties
Applicant: 888 New Canterbury Road Pty Limited; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
18 February 2020
Procedural Posture
Appeal (development Application and Development Control Order) / Judgment After Hearing; Final Orders
Outcome
Appeals upheld; development consent granted subject to conditions; development control order modified; no order as to costs.
Legal Topics
Development Applications, Signage Consent, Heritage Conservation Areas, Statutory Planning Instruments, Consent Conditions
Environmental Law Planning Law Heritage Law Administrative Law Development Applications Signage Consent Heritage Conservation Areas Statutory Planning Instruments +1 more

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Parties

888 New Canterbury Road Pty Limited

Applicant

Inner West Council

Respondent

Procedural Posture

Appeal (development Application and Development Control Order) / Judgment After Hearing; Final Orders

Legal Issues

  1. 1 Whether the proposed works, including signage and window treatments, have an adverse heritage impact
  2. 2 Whether the proposed signage is compatible with the desired amenity and visual character of the area and satisfies planning controls
  3. 3 Which conditions should attach to development approval, specifically regarding signage design and colour

Ratio Decidendi

The proposed signage, as originally drafted, using Pantone Red and involving window treatments to all shopfront bays, is not compatible with the existing or desired character of the Dulwich Hill Commercial Precinct HCA due to its extent, boldness, and potential impact on the streetscape. However, subject to conditions replacing Pantone Red with Indian Red and restricting the extent and nature of window signage (retention of alternating clear windows and clear splayed corner windows), as well as specifying installation and maintenance of external signage film, the development as amended will have no unacceptable adverse impact and satisfies statutory and planning controls. The appeals are...

Court Disposition

Appeals upheld; development consent granted subject to conditions; development control order modified; no order as to costs.

Orders

  • Appeal in proceeding 2019/122451 upheld.
  • Development consent is granted to DA201900068 for signage on the ground floor shopfront windows and awning fascia at 429 New Canterbury Road, Dulwich Hill, subject to specified conditions (including colour, window treatment and signage maintenance).