Administration and Marketing Solutions Pty Ltd v Tamworth Regional Council [2011] NSWLEC 1343

Administration and Marketing Solutions Pty Ltd v Tamworth Regional Council [2011] NSWLEC 1343

Signs 2 and 3 on Peel Street, signs 6 and 18, signs 11 and 12, 15 and 16, and 23 and 24 are business identification signs that are permissible and meet assessment criteria, subject to condition on background colour. Excessive signage on other elevations would dominate the building and is not compatible with heritage significance or assessment criteria in SEPP 64 and LEP. Two roof advertisements and the majority of other proposed signs are not approved. Signs providing directions are only approvable if reduced to size of 'commercial sign'.

Parties
Applicant: Administration and Marketing Solutions Pty Ltd; Respondent: Tamworth Regional Council
Jurisdiction
Australia
Judgment Date
29 November 2011
Procedural Posture
Appeal Under S 97(1) Environmental Planning and Assessment Act 1979 / Post Hearing Judgment
Outcome
Partly approved; directions to be made for conditions or amended plans reflecting findings.
Legal Topics
Development Application, Signage, Heritage Item, Assessment Under SEPP 64, Merits Appeal
Planning and Environment Law Development Application Signage Heritage Item Assessment Under SEPP 64 Merits Appeal

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Parties

Administration and Marketing Solutions Pty Ltd

Applicant

Tamworth Regional Council

Respondent

Procedural Posture

Appeal Under S 97(1) Environmental Planning and Assessment Act 1979 / Post Hearing Judgment

Legal Issues

  1. 1 Whether proposed signs are prohibited or permissible under relevant planning controls
  2. 2 Whether the signage meets definitions under SEPP 64 and LEP
  3. 3 Whether signage satisfies objectives and criteria in SEPP 64 Schedule 1

Ratio Decidendi

Signs 2 and 3 on Peel Street, signs 6 and 18, signs 11 and 12, 15 and 16, and 23 and 24 are business identification signs that are permissible and meet assessment criteria, subject to condition on background colour. Excessive signage on other elevations would dominate the building and is not compatible with heritage significance or assessment criteria in SEPP 64 and LEP. Two roof advertisements and the majority of other proposed signs are not approved. Signs providing directions are only approvable if reduced to size of 'commercial sign'.

Court Disposition

Partly approved; directions to be made for conditions or amended plans reflecting findings.

Orders

  • Signs 2 and 3 approved subject to modification of background colour.
  • Signs 6, 18, 11 and 12, 15 and 16, and 23 and 24 approved.