Octopus Media Pty Ltd v Canada Bay City Council [2006] NSWLEC 580

Octopus Media Pty Ltd v Canada Bay City Council [2006] NSWLEC 580

Although the studies did not definitively establish that a sign of the proposed kind would necessarily reduce road safety, the proposed electronic, animated and variable sign would attract greater attention than the existing non-electronic sign. When viewed from Parramatta Road it would appear amidst traffic signals and directional signage and in a driver's direct line of sight at intersections requiring relatively high driver concentration. Its novelty, movement and illumination were likely to increase driver response and reduce the effectiveness of traffic signals and directional signs. Giving determinative weight to the public interest in pedestrian, cyclist and road safety under SEPP...

Jurisdiction
Australia
Judgment Date
22 September 2006
Procedural Posture
Appeal Relating to a Development Application for Replacement of an Existing Rooftop Advertising Sign With an Electronic Graphic Display Sign / Judgment After Hearing
Outcome
Appeal dismissed and development consent refused.
Legal Topics
['development Consent' 'electronic Graphic Advertising Sign' 'state Environmental Planning Policy No. 64 Advertising and Signage' 'character and Streetscape' 'traffic Safety' 'rta Concurrence']
['environmental Planning and Assessment' 'land and Environment' 'road Safety' 'advertising and Signage'] ['development Consent' 'electronic Graphic Advertising Sign' 'state Environmental Planning Policy No. 64 Advertising and Signage' 'character and Streetscape' 'traffic Safety' 'rta Concurrence']

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Procedural Posture

Appeal Relating to a Development Application for Replacement of an Existing Rooftop Advertising Sign With an Electronic Graphic Display Sign / Judgment After Hearing

Legal Issues

  1. 1 ['Whether development consent could be granted for the proposed electronic graphic display sign in the absence of RTA concurrence.' 'Whether the proposal satisfied the assessment criteria in Sch 1 of SEPP 64 concerning character of the area, streetscape, site and building, and safety.' 'Whether the site was unsuitable for the proposed development because proximity to a busy intersection gave rise to a significant traffic hazard.']

Ratio Decidendi

Although the studies did not definitively establish that a sign of the proposed kind would necessarily reduce road safety, the proposed electronic, animated and variable sign would attract greater attention than the existing non-electronic sign. When viewed from Parramatta Road it would appear amidst traffic signals and directional signage and in a driver's direct line of sight at intersections requiring relatively high driver concentration. Its novelty, movement and illumination were likely to increase driver response and reduce the effectiveness of traffic signals and directional signs. Giving determinative weight to the public interest in pedestrian, cyclist and road safety under SEPP...

Court Disposition

Appeal dismissed and development consent refused.

Orders

  • ['The appeal is dismissed.' 'The development application for the replacement of an existing rooftop advertising sign with an electronic graphic display sign on top of the existing building at 4 - 8 Parramatta Road, Strathfield, is determined by the refusal of development consent.' 'The exhibits are returned.']