Phoenix Commercial Enterprises Pty Ltd v City of Canada Bay Council

Phoenix Commercial Enterprises Pty Ltd (the applicant) sought a review of a decision made by Young JA concerning the City of Canada Bay Council's (the respondent) approval for advertising structures on bus shelters. The dispute centred on the appropriate legislative framework under which such approvals should be granted.

The primary legal issue before the court was whether the Council's approvals for advertising structures on bus shelters, which were situated "in or on" public roads but not "over" them, were to be granted under the *Roads Act 1993* or the *Environmental Planning and Assessment Act*.

The court reasoned that because the advertising structures were located "in or on" public roads, rather than "over" them, the Council's power to grant approval derived from the *Roads Act 1993*. Consequently, the Council was not acting as a consent authority under the *Environmental Planning and Assessment Act* for these particular approvals. The notice of motion seeking a review of Young JA's decision was dismissed with costs.