Tamas Real Estate Pty Limited v Council of the City of Sydney [2005] NSWLEC 405

Tamas Real Estate Pty Limited v Council of the City of Sydney [2005] NSWLEC 405

The proposed sign contravenes the relevant provisions of the City of Sydney Signage and Advertising Structures Development Control Plans 2003 and 2005 regarding projection and its likely adverse impact on road safety due to driver distraction. Approval is also inappropriate given the likely detrimental impact on the amenity contributed by the street tree outside the premises, which outweighs commercial considerations.

Parties
Applicant: Tamas Real Estate Pty Limited; Respondent: Sydney City Council
Jurisdiction
Australia
Judgment Date
19 July 2005
Procedural Posture
Appeal Under S 96 Environmental Planning and Assessment Act 1979 / Judgment at First Instance in Land and Environment Court
Outcome
Appeal dismissed
Legal Topics
Modification of Development Consent, Signage Regulation, Development Control Plan Application
Planning and Environment Law Modification of Development Consent Signage Regulation Development Control Plan Application

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Parties

Tamas Real Estate Pty Limited

Applicant

Sydney City Council

Respondent

Procedural Posture

Appeal Under S 96 Environmental Planning and Assessment Act 1979 / Judgment at First Instance in Land and Environment Court

Legal Issues

  1. 1 Whether proposed projecting wall sign complies with relevant Development Control Plans (2003 and 2005)
  2. 2 Impact of sign on road safety and amenity
  3. 3 Potential impact on street tree

Ratio Decidendi

The proposed sign contravenes the relevant provisions of the City of Sydney Signage and Advertising Structures Development Control Plans 2003 and 2005 regarding projection and its likely adverse impact on road safety due to driver distraction. Approval is also inappropriate given the likely detrimental impact on the amenity contributed by the street tree outside the premises, which outweighs commercial considerations.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Application pursuant to s 96 of the Environmental Planning and Assessment Act 1979 to modify Development Consent D/04/510 to permit the erection of a sign above the footpath protruding from the balcony above premises on the ground floor of 128 Cleveland Street, Chippendale is refused.