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oOh! Media Assets Pty Ltd v The Council of the City of Sydney

oOh! Media Assets Pty Ltd v The Council of the City of Sydney

Case [2015] NSWLEC 1269

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AGLC: oOh! Media Assets Pty Ltd v The Council of the City of Sydney [2015] NSWLEC 1269
Case: [2015] NSWLEC 1269
Decision Date: 22 July 2015

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Orders

Orders of the court

1. The appeal is dismissed.

2. Development Application D/2014/1002 for the replacement of an existing static sign with a digital sign on the roof of the Oxford Hotel at 134 Oxford Street Darlinghurst is refused.

3. The exhibits are returned with the exception of exhibits 6, 1R, A and C.

Background

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Citations

oOh! Media Assets Pty Ltd v The Council of the City of Sydney [2015] NSWLEC 1269

Most Recent Citation

oOh! Media Assets Pty Ltd v The Council of the City of Sydney [2016] NSWLEC 47

Cases Citing This Decision

Save the Robots Pty Ltd ATF Save the Robots Trust v The Council of the City of Sydney [2025] NSWLEC 1081
Citation 1 (Para 8)

…These conclusions are consistent with oOh! Media Assets Pty Ltd v The Council of the City of Sydney [2015] NSWLEC 1269 (‘ oOH! Media Assets ’), in which Brown ASC refused a development application for the replacement of a static billboard with a digital sign on the roof at 134 Oxford St, Darlinghurst, diagonally oppo…
Made Property Group Pty Limited v North Sydney Council [2020] NSWLEC 1332
Citation 2 (Para 47)

…udge in the Saffioti appeal, and with the approach of the Acting Senior Commissioner in oOh! Media Assets Pty Ltd v The Council of the City of Sydney [2015] NSWLEC 1269 (at [31]), referenced by Sheahan J in oOh! Media Assets Pty Ltd v Council of the City of Sydney [2016] NSWLEC 47 (at [60]) that “… any derogation mus…
Saffioti v Kiama Municipal Council [2018] NSWLEC 1426
Citation 3 (Para 62)

…in relation to a judgment of then Acting Senior Commissioner, Brown ASC, in the case of o Oh! Media Assets Pty Ltd v Council of the City of Sydney [2015] NSWLEC 1269 (referred to hereafter simply as the second oOh! Media decision).…
Royal Motor Yacht Club (Broken Bay) Pty Ltd v Northern Beaches Council (No 4) [2016] NSWLEC 126
Citation 4 (Para 10)

…NSWLEC 106 and The Owners - Strata Plan No 855 v Gosford City Council [2011] NSWLEC 9 and o Oh! Media Assets Pty Ltd v Council of the City of Sydney [2015] NSWLEC 1269).…
oOh! Media Assets Pty Ltd v The Council of the City of Sydney [2016] NSWLEC 47
Citation 5 (Para 13)

…his decision on the Class 1 appeal, after five days of hearing in April and June 2015, and published a lengthy judgment (166 pars), on 22 July 2015: [2015] NSWLEC 1269. He made the following orders (in [166]):…

Cases Cited

Statutory Material Cited

Jojeni Investments Pty Ltd v Mosman Municipal Council [2015] NSWCA 147
Citation 1 (Para 30)

…xt, the distinction between use and building work is set out in the Court of Appeal decision in Jojeni Investments Pty Ltd v Mosman Municipal Council [2015] NSWCA 147 where Lemming JA states at [52] to [54]:…
Abret Pty Ltd v Wingecarribee Shire Council [2011] NSWCA 107
Citation 2 (Para 51)

…53. The same principle was more recently restated in Abret Pty Ltd v Wingecarribee Shire Council [2011] NSWCA 107; 180 LGERA 343 at [51]-[52] (Beazley JA, Campbell JA and Handley AJA agreeing): “[I]n planning law, ‘purpose’ is not concerned with the nature of the buildings that will be used to serve that purpose. U…
Ashfield Municipal Council v Armstrong [2002] NSWCA 269
Citation 3

…t was the reason for the criticism of substantially the same submission which was advanced by the council in Ashfield Municipal Council v Armstrong [2002] NSWCA 269; 122 LGERA 105, where the question was whether a use of a building comprising four flats had commenced prior to a prohibition coming into force (at [11…
Barrington-Gloucester-Stroud Preservation Alliance Inc v Minister for Planning and Infrastructure [2012] NSWLEC 197
Citation 4 (Para 32)

…The non-applicability of Carden is specifically identified in the decision of Craig J in Cracknell & Lonergan Pty Ltd v Leichhardt Municipal Council [2012] NSWLEC 197 where His Honour states at ([76]):…
Stromness Pty Limited v Woollahra Municipal Council [2006] NSWLEC 587
Citation 5 (Para 34)

…n as proposed, or the difference between the existing sign and proposed sign is best addressed in Stromness Pty Limited v Woollahra Municipal Council [2006] NSWLEC 587 where Pain J states at [87] and [88]:…

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