First Neon A/Asia Pty Ltd v Sydney City Council [2005] NSWLEC 24

First Neon A/Asia Pty Ltd v Sydney City Council [2005] NSWLEC 24

The proposed sign is too large and projects too far from the building to be acceptably integrated into the façade or streetscape, contrary to the applicable development control plans, and therefore should not be approved.

Source-derived case information.

Parties
Applicant: First Neon A/Asia Pty Ltd; Respondent: Sydney City Council
Jurisdiction
Australia
Judgment Date
03 February 2005
Procedural Posture
Development Application Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Development Consent, Signage Control, Streetscape Character
Planning and Environment Law Development Consent Signage Control Streetscape Character

Source-derived case record

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Parties

First Neon A/Asia Pty Ltd

Applicant

Sydney City Council

Respondent

Procedural Posture

Development Application Appeal / Final Judgment

Legal Issues

  1. 1 Whether the proposed projecting wall sign should be approved under applicable planning controls
  2. 2 Whether the proposed sign is integrated with the building's façade and streetscape character

Ratio Decidendi

The proposed sign is too large and projects too far from the building to be acceptably integrated into the façade or streetscape, contrary to the applicable development control plans, and therefore should not be approved.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed to the extent that the appeal sought consent for the sign in condition 2(a) of schedule 1 of the development consent dated 8 October 2003 to DA 03/00456.