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

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

The Court was satisfied that the parties' agreed decision was one the Court could have made in the proper exercise of its functions because the jurisdictional prerequisites for consent were met, the cl 4.6 request adequately justified the minor height variation, the proposal was consistent with the relevant height and B4 zone objectives, SEPP 64 and RMS requirements had been addressed, and the proposed digital sign would not create unacceptable visual, amenity, illumination or traffic safety impacts. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
10 September 2019
Procedural Posture
Class 1 Development Application Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Orders Following Court Arranged Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions; no orders as to costs.
Legal Topics
['development Application Appeal' 'section 34 Conciliation Agreement' 'digital Advertising Wall Sign' 'clause 4.6 Variation Request' 'building Height Development Standard' 'state Environmental Planning Policy No 64 – Advertising and Signage' 'classified Road Advertising Impacts']
['planning and Environment Law' 'development Consent' 'advertising Signage'] ['development Application Appeal' 'section 34 Conciliation Agreement' 'digital Advertising Wall Sign' 'clause 4.6 Variation Request' 'building Height Development Standard' 'state Environmental Planning Policy No 64 – Advertising and Signage' 'classified Road Advertising Impacts']

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Procedural Posture

Class 1 Development Application Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Orders Following Court Arranged Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the jurisdictional prerequisites for granting development consent under s 4.16 of the Environmental Planning and Assessment Act 1979 were satisfied.' 'Whether the cl 4.6 written request justified contravention of the 20m maximum height standard in cl 4.3 of the North Sydney Local Environmental Plan 2013.' 'Whether the proposed digital advertising wall sign satisfied relevant requirements concerning visual impact, illumination, traffic safety and classified road advertising.']

Ratio Decidendi

The Court was satisfied that the parties' agreed decision was one the Court could have made in the proper exercise of its functions because the jurisdictional prerequisites for consent were met, the cl 4.6 request adequately justified the minor height variation, the proposal was consistent with the relevant height and B4 zone objectives, SEPP 64 and RMS requirements had been addressed, and the proposed digital sign would not create unacceptable visual, amenity, illumination or traffic safety impacts. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions; no orders as to costs.

Orders

  • ['Leave is granted for the Applicant to rely on the Lighting Impact Assessment by Electrolight Australia Pty Ltd dated 26 February 2019.' 'The appeal is upheld.' 'Development consent is granted to Development Application No. 193/2018 for the removal of an existing static illuminated advertising wall sign and the...