oOh! Media Assets Pty Ltd v The Council of the City of Sydney and anor [2015] NSWLEC 1269

oOh! Media Assets Pty Ltd v The Council of the City of Sydney and anor [2015] NSWLEC 1269

The appeal was dismissed because the proposed digital rooftop sign would have an unacceptable adverse impact on the heritage significance of a contributory building and conservation area, unacceptably alter the streetscape and roofscape, and would reduce public road safety and safety for pedestrians or bicyclists at a high-risk intersection, contrary to the relevant planning controls, DCP requirements and the criteria and objectives of SEPP 64. The proper assessment under current planning provisions required consideration of the proposed sign itself, not merely its differences with the existing sign.

Parties
Applicant: oOh! Media Assets Pty Ltd; First Respondent: The Council of the City of Sydney; Second Respondent: Roads and Maritime Services of New South Wales
Jurisdiction
Australia
Judgment Date
22 July 2015
Procedural Posture
Appeal (class 1, Land and Environment Court, Nsw) / Final Judgment
Outcome
Appeal dismissed. Development application refused.
Legal Topics
Development Application, Existing Use Rights, Heritage Conservation, Visual Impact, Road Safety, Digital Signage, Statutory Interpretation
Planning and Environment Law Development Application Existing Use Rights Heritage Conservation Visual Impact Road Safety Digital Signage Statutory Interpretation

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Parties

oOh! Media Assets Pty Ltd

Applicant

The Council of the City of Sydney

First Respondent

Roads and Maritime Services of New South Wales

Second Respondent

Procedural Posture

Appeal (class 1, Land and Environment Court, Nsw) / Final Judgment

Legal Issues

  1. 1 Does the proposed digital rooftop sign have sufficient existing use rights to permit its erection under the current planning framework?
  2. 2 Would the sign have an unacceptable impact on the heritage significance of a contributory building and the conservation area?
  3. 3 Would the sign have an unacceptable visual impact?

Ratio Decidendi

The appeal was dismissed because the proposed digital rooftop sign would have an unacceptable adverse impact on the heritage significance of a contributory building and conservation area, unacceptably alter the streetscape and roofscape, and would reduce public road safety and safety for pedestrians or bicyclists at a high-risk intersection, contrary to the relevant planning controls, DCP requirements and the criteria and objectives of SEPP 64. The proper assessment under current planning provisions required consideration of the proposed sign itself, not merely its differences with the existing sign.

Court Disposition

Appeal dismissed. Development application refused.

Orders

  • The appeal is dismissed.
  • Development Application D/2014/1002 for the replacement of an existing static sign with a digital sign on the roof of the Oxford Hotel at 134 Oxford Street Darlinghurst is refused.