Bunnings Pty Ltd v Auburn Council

Bunnings Pty Ltd appealed to the New South Wales Court of Appeal against a decision of the Land and Environment Court concerning the approval of proposed signage at a Bunnings store. The dispute centred on whether the proposed signage constituted a "business identification sign" as defined by the State Environmental Planning Policy (SEPP) No 64—Advertising and Signage.

The primary legal issue before the Court of Appeal was to determine the correct interpretation of the definition of "business identification sign" within SEPP 64. Specifically, the court had to consider whether the proposed signage, which included the Bunnings logo and a "positioning statement," met the criteria of indicating the business and its location, as contemplated by the SEPP.

The Court of Appeal affirmed the Land and Environment Court's finding that the proposed signage did not fall within the definition of a "business identification sign." The court reasoned that while the sign displayed the Bunnings logo, the inclusion of a "positioning statement" went beyond merely identifying the business and its location. This additional content meant the sign did not solely "indicate" the matters nominated in the definition of a business identification sign, thereby excluding it from that category under SEPP 64.

The appeal was dismissed, and Bunnings Pty Ltd was ordered to pay the costs of the appeal.