Willoughby City Council v Sahade & Ors [2002] NSWLEC 214

Willoughby City Council v Sahade & Ors [2002] NSWLEC 214

The signs on the trailer were advertisements because their obvious purpose was to bring the respondents' car wash facilities to public attention. The parked trailer was an advertising structure because its condition, location, lack of provision for carriage of goods without removing the hoarding, and large signage showed that its real and substantial purpose when parked was advertising. Clause 9(1) of the Willoughby Local Environmental Plan 1995 applied within the Willoughby local government area and required council consent, which had not been granted. The second and third respondents therefore displayed an advertisement without consent in breach of the Environmental Planning and...

Jurisdiction
Australia
Judgment Date
12 December 2002
Procedural Posture
Amended Application for a Declaration and Consequential Restraining Order Concerning Alleged Unlawful Display of an Advertisement; Respondents' Cross Claim for Declarations / Final Judgment
Outcome
Application against the second and third respondents allowed; proceedings against the first respondent dismissed; respondents' cross claim dismissed.
Legal Topics
['unauthorised Advertising Structure' 'development Consent' 'advertising Signage' 'use of Movable Trailer for Advertising']
['planning and Environment' 'local Government'] ['unauthorised Advertising Structure' 'development Consent' 'advertising Signage' 'use of Movable Trailer for Advertising']

Case Brief

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Procedural Posture

Amended Application for a Declaration and Consequential Restraining Order Concerning Alleged Unlawful Display of an Advertisement; Respondents' Cross Claim for Declarations / Final Judgment

Legal Issues

  1. 1 ['Whether the signs on the trailer constituted advertisements within cl 5(1) of the Willoughby Local Environmental Plan 1995.' 'Whether the parked trailer constituted an advertising structure within cl 5(1) of the Willoughby Local Environmental Plan 1995.' "Whether development consent was required under cl 9(1) of the Willoughby Local Environmental Plan 1995 for the respondents' use of the trailer." 'Whether Planning Ordinance No. 55 or State Environmental Planning Policy No. 64 assisted the respondents.' "Whether declarations sought by the respondents' cross claim should be made."]

Ratio Decidendi

The signs on the trailer were advertisements because their obvious purpose was to bring the respondents' car wash facilities to public attention. The parked trailer was an advertising structure because its condition, location, lack of provision for carriage of goods without removing the hoarding, and large signage showed that its real and substantial purpose when parked was advertising. Clause 9(1) of the Willoughby Local Environmental Plan 1995 applied within the Willoughby local government area and required council consent, which had not been granted. The second and third respondents therefore displayed an advertisement without consent in breach of the Environmental Planning and...

Court Disposition

Application against the second and third respondents allowed; proceedings against the first respondent dismissed; respondents' cross claim dismissed.

Orders

  • ['A DECLARATION that the second and third respondents, their servants and agents have carried out, caused, permitted or suffered the displaying of an advertisement without consent of the applicant in breach of the Environmental Planning and Assessment Act 1979.' 'AN ORDER that the second and third respondents, their...