Procter v Eurobodalla Shire Council [2008] NSWLEC 22

Procter v Eurobodalla Shire Council [2008] NSWLEC 22

Signs referring to the café, for which an Order to cease use exists, are to be removed due to disputed lawfulness, while signs referring to the retail shop may remain. Signage decisions are based on aesthetic, heritage, size, and use considerations, as determined through negotiation and planning controls.

Parties
Applicant: William Frederick Procter; Applicant: Susan Margaret Procter; Respondent: Eurobodalla Shire Council
Jurisdiction
Australia
Judgment Date
15 January 2008
Procedural Posture
Appeal / Ex Tempore Judgment Following S34 Conciliation Conference
Outcome
Appeals upheld in part
Legal Topics
Development Application, S121 B Order, Advertising Signs, Heritage, Appeal Procedure
Planning and Environment Law Development Application S121 B Order Advertising Signs Heritage Appeal Procedure

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Parties

William Frederick Procter

Applicant

Susan Margaret Procter

Applicant

Eurobodalla Shire Council

Respondent

Procedural Posture

Appeal / Ex Tempore Judgment Following S34 Conciliation Conference

Legal Issues

  1. 1 Whether the s121B Order by Eurobodalla Shire Council to remove advertising signs should be upheld or amended
  2. 2 Determination of development application concerning retention or removal of external advertising signs on heritage property

Ratio Decidendi

Signs referring to the café, for which an Order to cease use exists, are to be removed due to disputed lawfulness, while signs referring to the retail shop may remain. Signage decisions are based on aesthetic, heritage, size, and use considerations, as determined through negotiation and planning controls.

Court Disposition

Appeals upheld in part

Orders

  • Amendment of the Order: In & Out North sign to be reduced to 1800x1200mm.
  • Removal of eight specified signs including Courtyard Café sign, Mogo Fudge plus other items sign, Courtyard café sign at southwest corner, Please order inside sign in courtyard, Please order sign inside door facing courtyard, Wire frame sign, and two removable signs.