Centro Properties Pty Ltd v Albury City Council [2005] NSWLEC 721

Centro Properties Pty Ltd v Albury City Council [2005] NSWLEC 721

A 12 m sign in the proposed location with a large display area is incompatible with planning controls, creates unreasonable visual impact for the adjoining residential zone, fails assessment criteria under SEPP 64, and does not justify departure from DCP standards; an 8 m sign is consistent with controls and should be approved.

Jurisdiction
Australia
Judgment Date
23 December 2005
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 / Judgment
Outcome
Appeal dismissed; consent for 8 m sign reinstated
Legal Topics
['development Application' 'outdoor Advertising' 'signage Impact' 'zone Interface' 'consent Under Planning Law']
['environmental Planning and Development'] ['development Application' 'outdoor Advertising' 'signage Impact' 'zone Interface' 'consent Under Planning Law']

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Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 / Judgment

Legal Issues

  1. 1 ['Whether the proposal for a 12 m advertising sign complies with planning controls' 'Impact of sign height and bulk on adjoining residential areas' 'Compliance with Environmental Planning and Assessment Act 1979, Albury Local Environmental Plan 2000, Albury Development Control Plan 2000, and State Environmental Planning Policy No. 64']

Ratio Decidendi

A 12 m sign in the proposed location with a large display area is incompatible with planning controls, creates unreasonable visual impact for the adjoining residential zone, fails assessment criteria under SEPP 64, and does not justify departure from DCP standards; an 8 m sign is consistent with controls and should be approved.

Court Disposition

Appeal dismissed; consent for 8 m sign reinstated

Orders

  • ['The appeal for a 12 m sign on the corner of Breen Street and Griffith Road is dismissed.' 'The exhibits are returned.']