OOh!Media Fly Pty Ltd v Bayside Council [2019] NSWLEC 1149

OOh!Media Fly Pty Ltd v Bayside Council [2019] NSWLEC 1149

The appeals are upheld and consent granted, as the proposed digital signage replacements are consistent with all relevant planning instruments and standards, all contentions and jurisdictional prerequisites have been addressed by agreement of the parties and through supporting documents, and the Court is obliged to make orders in those terms under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: OOh!Media Fly Pty Ltd; Respondent: Bayside Council
Jurisdiction
Australia
Judgment Date
29 March 2019
Procedural Posture
Class 1 Appeal / Conciliation Conference and Final Orders
Outcome
Appeals upheld; development applications approved subject to conditions
Legal Topics
Development Application, Appeal Against Deemed Refusal, Advertising Signage, Conciliation Conference, Conditions of Consent
Planning and Environment Development Application Appeal Against Deemed Refusal Advertising Signage Conciliation Conference Conditions of Consent

Case Brief

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Parties

OOh!Media Fly Pty Ltd

Applicant

Bayside Council

Respondent

Procedural Posture

Class 1 Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether the appeals for the three Development Applications should be upheld and consent granted subject to conditions
  2. 2 Whether the proposed signage is consistent with relevant planning instruments and controls
  3. 3 Whether jurisdictional prerequisites under s 4.15(1) EPA Act 1979 and specific controls (SEPP 64, BBLEP 2013, BBDCP 2013, TCOA&S) are satisfied

Ratio Decidendi

The appeals are upheld and consent granted, as the proposed digital signage replacements are consistent with all relevant planning instruments and standards, all contentions and jurisdictional prerequisites have been addressed by agreement of the parties and through supporting documents, and the Court is obliged to make orders in those terms under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeals upheld; development applications approved subject to conditions

Orders

  • Appeal 2018/99461: Appeal upheld; Development Application No. DA 2017/1140 approved subject to conditions in Annexure 'A'.
  • Appeal 2018/99493: Appeal upheld; Development Application No. DA 2017/1141 approved subject to conditions in Annexure 'A'.