Land and Environment Court
New South Wales
Medium Neutral Citation: Outdoor Systems Pty Ltd v Georges River Council [2024] NSWLEC 1528 Hearing dates: 9-11 July 2024 Date of orders: 28 August 2024 Decision date: 28 August 2024 Jurisdiction: Class 1 Before: Targett C Decision: The Court orders that:
(1) The appeal is upheld.
(2) Development Consent No 2000/0671 is modified pursuant to section 4.55(2) of the Environmental Planning and Assessment Act 1979 in the terms in Annexure A.
(3) Development Consent No 2000/671 as modified by the Court is set out in Annexure B.
(4) The exhibits are returned except for Exs A and 2.
Catchwords: APPEAL – Modification Application – signage – orders
Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9, 8.10, 8.11, 8.14
Land and Environment Court Act 1979, ss 17, 34, 39
State Environmental Planning Policy (Industry and Employment) 2021
Georges River Local Environmental Plan 2021
Cases Cited: Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd (No 3) [2015] NSWLEC 75
Arrage v Inner West Council [2019] NSWLEC 85
Aveo North Shore Retirement Villages Pty Ltd v Northern Beaches Council [2020] NSWLEC 1035
Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280
Ooh!Media Limited v Willoughby City Council and Anor [2022] NSWLEC 1332
Outdoor Systems Pty Ltd v Georges River Council [2021] NSWLEC 1338
Texts Cited: Australian Standard, AS4282 Control of the obtrusive effects of outdoor lighting, December 1997
Transport Corridor Outdoor Advertising and Signage Guidelines 2017
Category: Principal judgment Parties: Outdoor Systems Pty Ltd (Applicant)
Georges River Council (First Respondent)
Transport for NSW (Second Respondent)Representation: Counsel:
Solicitors:
A Stafford (Applicant)
H Irish and B Jackson (First Respondent)
Piper Alderman (Applicant)
Georges River Council (Respondent)
File Number(s): 2023/152711 Publication restriction: Nil
Judgment
COMMISSIONER:
Introduction
-
This is a Class 1 Development Appeal pursuant to s 8.9 of the Environmental Planning and Assessment Act 1979 (EPA Act) by the applicant against the first respondent’s deemed refusal of the applicant’s modification application seeking to modify Development Consent No 2000/DA-0671 (Original Consent). The Original Consent was granted by the former Hurstville City Council on 23 November 2000 and approved the removal of existing signage and erection of three advertising panels, one billboard panel and the creation of a new parapet above the existing roof line on Lot 1 in Deposited Plan 136147 and Lot 1 in Deposited Plan 233129, known as 152 Stoney Creek Road, Beverly Hills (Site). The modification application the subject of this appeal (MOD2023/0026) seeks to amend the Original Consent by converting the existing static advertising sign (being the “billboard panel” referred to in the Original Consent) to a digital sign (Modification Application).
-
The Court has power to dispose of these proceedings under its Class 1 jurisdiction pursuant to s 17(d) of the
Keep reading for free
Create a free CaseChat account to read Outdoor Systems Pty Ltd v Georges River Council and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2024] NSWLEC 1528
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the modifications to the development consent, as proposed by the council, were in accordance with the statutory framework and whether the council had the authority to impose such conditions. Specifically, the court had to consider the extent to which the council could modify a development consent to impose additional conditions and whether the modifications were consistent with the original consent and the relevant legislation.
The court found that the council had acted within its statutory powers in modifying the development consent. It held that the modifications were reasonable and necessary to address concerns arising from the development's environmental impact. The court emphasised the importance of the council's role in ensuring that developments are carried out in a manner that minimises environmental harm. Consequently, the court determined that the modifications were appropriate and did not exceed the council's authority under the Act. The appeal was upheld, and the development consent was modified as per the court's decision.
Orders
Orders of the court
The Court orders that:
(1) The appeal is upheld.
(2) Development Consent No 2000/0671 is modified pursuant to section 4.55(2) of the Environmental Planning and Assessment Act 1979 in the terms in Annexure A.
(3) Development Consent No 2000/671 as modified by the Court is set out in Annexure B.
(4) The exhibits are returned except for Exs A and 2.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.