Zhou J v Marrickville C [2005] NSWLEC 101

Zhou J v Marrickville C [2005] NSWLEC 101

The location of the proposed signage within the landscape area is inappropriate as it would result in excessive advertising and detract from the visual relief provided by landscaping, failing to comply with SEPP 64, cl. 41 of the Marrickville LEP, and council's signage control code.

Jurisdiction
Australia
Judgment Date
10 March 2005
Procedural Posture
Appeal / Ex Tempore Judgment
Outcome
appeal dismissed; development application refused
Legal Topics
['development Application' 'advertising Signage' 'visual Impact' 'landscaping' 'statutory Compliance']
['planning and Environment'] ['development Application' 'advertising Signage' 'visual Impact' 'landscaping' 'statutory Compliance']

Case Brief

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Procedural Posture

Appeal / Ex Tempore Judgment

Legal Issues

  1. 1 ['visual impact of proposed signage' 'compliance with allowable signage limits' 'location of proposed signage within landscape area']

Ratio Decidendi

The location of the proposed signage within the landscape area is inappropriate as it would result in excessive advertising and detract from the visual relief provided by landscaping, failing to comply with SEPP 64, cl. 41 of the Marrickville LEP, and council's signage control code.

Court Disposition

appeal dismissed; development application refused

Orders

  • ['The appeal is dismissed.' 'Development application No. 200400559 for the erection of four pylon style advertising signs in the landscape area adjacent to 19 Unwins Bridge Road, St Peters is refused.']