OOH! Media Assets Pty Ltd v Ballina Shire Council [2024] NSWLEC 1363

OOH! Media Assets Pty Ltd v Ballina Shire Council [2024] NSWLEC 1363

The proposed digital signage is not prohibited by s 3.8(1) of SEPP Industry as the designations 'coastal environment area' and 'coastal use area' do not fall within the descriptors of 'environmentally sensitive area', 'natural or other conservation area' or 'scenic protection area'. The signage is compatible with the desired amenity and visual character of the area, satisfies all relevant assessment criteria, and does not pose an unacceptable safety risk or set an undesirable precedent.

Parties
Applicant: OOH Media Assets Pty Ltd; Respondent: Ballina Shire Council
Jurisdiction
Australia
Judgment Date
28 June 2024
Procedural Posture
Development Application Appeal / Final Merits Hearing and Judgment
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Application, Environmental Planning Instrument, Signage Controls, Statutory Construction, Visual Amenity, Traffic Safety
Planning and Environment Development Application Environmental Planning Instrument Signage Controls Statutory Construction Visual Amenity Traffic Safety

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 45 Party arguments 2
Sign in to unlock

Parties

OOH Media Assets Pty Ltd

Applicant

Ballina Shire Council

Respondent

Procedural Posture

Development Application Appeal / Final Merits Hearing and Judgment

Legal Issues

  1. 1 Whether the proposed digital signage is prohibited by s 3.8(1) of SEPP Industry
  2. 2 Whether the signage is compatible with the desired amenity and visual catchment of the area
  3. 3 Whether the proposed signage creates an unacceptable safety risk

Ratio Decidendi

The proposed digital signage is not prohibited by s 3.8(1) of SEPP Industry as the designations 'coastal environment area' and 'coastal use area' do not fall within the descriptors of 'environmentally sensitive area', 'natural or other conservation area' or 'scenic protection area'. The signage is compatible with the desired amenity and visual character of the area, satisfies all relevant assessment criteria, and does not pose an unacceptable safety risk or set an undesirable precedent.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The appeal is upheld.
  • Development application DA/2022/33 is determined by grant of consent subject to the conditions in Annexure A.