Administration and Marketing Solutions Pty Ltd v Lane Cove Council; Big Country Developments Pty Ltd v Lane Cove Council (No 2) [2012] NSWLEC 1102

Administration and Marketing Solutions Pty Ltd v Lane Cove Council; Big Country Developments Pty Ltd v Lane Cove Council (No 2) [2012] NSWLEC 1102

Neither the building certificate appeal nor the development application for the proposed signage can be upheld as none of the signs proposed are acceptable under relevant planning controls, and amendment of the development application would require further assessment and is not appropriate in this context; the s121B Order for removal of signs should be confirmed but varied to permit two signs to remain for up to five months.

Jurisdiction
Australia
Judgment Date
27 April 2012
Procedural Posture
Appeal / Determination After Hearing
Outcome
Building Certificate appeal and DA appeal dismissed; s121B order appeal upheld in part.
Legal Topics
['development Application' 'building Certificate' 'section 121 B Order' 'advertising Signage']
['planning and Development Law'] ['development Application' 'building Certificate' 'section 121 B Order' 'advertising Signage']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Determination After Hearing

Legal Issues

  1. 1 ['Whether building certificate should be granted for existing signage' 'Whether Section 121B Order for removal of signage should be upheld or varied' 'Whether development consent should be granted for proposed signs']

Ratio Decidendi

Neither the building certificate appeal nor the development application for the proposed signage can be upheld as none of the signs proposed are acceptable under relevant planning controls, and amendment of the development application would require further assessment and is not appropriate in this context; the s121B Order for removal of signs should be confirmed but varied to permit two signs to remain for up to five months.

Court Disposition

Building Certificate appeal and DA appeal dismissed; s121B order appeal upheld in part.

Orders

  • ['10458 of 2011: Appeal dismissed.' '10512 of 2011: Appeal upheld in part. s121B Order modified: all signage to be removed within 7 days except signs 10 and 11, which may remain for 5 months.' '10942 of 2011: Appeal dismissed. Development application for 14 signs refused.']