Outdoor Systems Pty Ltd v Georges River Council and Roads and Maritime Services [2017] NSWLEC 1505

Outdoor Systems Pty Ltd v Georges River Council and Roads and Maritime Services [2017] NSWLEC 1505

The Court was satisfied that reducing the dwell time to 15 seconds was acceptable subject to the applicant's proposed conditions, including a trial period. The Court preferred the evidence of the applicant's experts that the level of road safety risk would remain low and no different from the current situation, found the RMS experts' evidence less persuasive and aspects of their statistical assessment unreliable, and accepted that there was no reliable basis to conclude that the proposed change would increase driver distraction risk. The crash history did not show the location to be a crash hotspot, there was no recorded accident during the earlier period when the sign operated at a 10...

Jurisdiction
Australia
Judgment Date
15 September 2017
Procedural Posture
Class 1 Appeal Under S97 AA of the Environmental Planning and Assessment Act 1979 Concerning a S96 (2) Modification Application / Final Judgment and Orders Following Addendum
Outcome
Appeal upheld; modification application granted.
Legal Topics
['modification of Development Consent Conditions' 'digital Advertising Sign Dwell Time' 'driver Distraction' 'traffic Safety' 'sepp 64 Concurrence' 'outdoor Advertising on Classified Road']
['planning and Environment' 'development Consent' 'road Safety'] ['modification of Development Consent Conditions' 'digital Advertising Sign Dwell Time' 'driver Distraction' 'traffic Safety' 'sepp 64 Concurrence' 'outdoor Advertising on Classified Road']

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Procedural Posture

Class 1 Appeal Under S97 AA of the Environmental Planning and Assessment Act 1979 Concerning a S96 (2) Modification Application / Final Judgment and Orders Following Addendum

Legal Issues

  1. 1 ['Whether conditions requiring a 24 hour static display and early morning display changes for an existing digital advertising sign should be modified to allow a 15 second dwell time and delete the display change condition.' 'Whether the proposed reduced dwell time would reduce the safety of a public road or safety for pedestrians or bicyclists under Schedule 1 of State Environmental Planning Policy 64.' "Whether the proposal satisfied SEPP 64, the 2007 Guidelines, the 2015 Draft Guidelines and relevant considerations under s79C of the Environmental Planning and Assessment Act 1979 despite Roads and Maritime Services' traffic safety objection."]

Ratio Decidendi

The Court was satisfied that reducing the dwell time to 15 seconds was acceptable subject to the applicant's proposed conditions, including a trial period. The Court preferred the evidence of the applicant's experts that the level of road safety risk would remain low and no different from the current situation, found the RMS experts' evidence less persuasive and aspects of their statistical assessment unreliable, and accepted that there was no reliable basis to conclude that the proposed change would increase driver distraction risk. The crash history did not show the location to be a crash hotspot, there was no recorded accident during the earlier period when the sign operated at a 10...

Court Disposition

Appeal upheld; modification application granted.

Orders

  • ['The appeal is upheld.' 'That conditions numbered (3) and (4) imposed on Development Consent no 30/1997, as modified on 7 December 2015, be deleted in relation to the existing digital advertising sign at Lot 1 in DP 1108502 known as nos 8-10 Princes Highway, Kogarah and approved subject to the conditions in...