For the reasons given above, the decision of the responsible authority is set aside. Planning Permit 1221.01 is amended.
[2]
Demolition of the externally illuminated major promotion sign in a Heritage Overlay and the construction and display of an electronic promotion sign on the roof of the existing building in a Commercial 1 Zone and Heritage Overlay;
[3]
The size, nature and position of the sign shown on the said plan shall not be altered or modified, (whether or not in order to apply with any statute, statutory rule or by-law) without the consent of the Responsible Authority.
The sign (including its structure and the advertising material thereon) shall at all times be maintained in good condition to the satisfaction of the Responsible Authority.
The time specified pursuant to Section 18(5) of the Town and Country Planning Act, 1961, for the commencement of the development hereby permitted is one year from the date hereof and for the completion hereof is 3 months from the date of such commencement.
The sign must be designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on surrounding land, including the public realm.
The sign must be fitted with automatic ambient light condition sensors to control maximum light intensity output/luminance in accordance with the following:
(a) 600 cd/m² during the day-time;
(b) 700 cd/m² during the twilight / inclement weather; and
(c) 350 cd/m² during the night-time.
Once installed and commissioned, the electronic sign must be set to operate so that at all times the luminance of the sign will automatically adjust relative to the maximum light levels set out in condition 5 to the satisfaction of the Responsible Authority.
The maximum illumination level of the sign must not exceed 4 lux as measured from a vertical plane from any nearby habitable room window during night time operation without the prior written consent of the Responsible Authority.
Light emissions from the sign must comply with AS4282-Control of the Obtrusive Effects of Outdoor Light and/or any other relevant policy or regulation.
[4]
No advertisement may be displayed for less than 30 seconds.
The transition from one advertisement to another must be instantaneous.
In relation to the images displayed on the sign/s:
(a) Sequences of images giving the illusion of continuous movement must not be displayed.
(b) Images capable of being mistaken for traffic signals or traffic control devices because they, for example contain red, amber or green circles, octagons, crosses or triangles must not be displayed.
(c) Images and text capable of being mistaken as an instruction to road users must not be displayed.
(d) Flashing background, flashing text or flashing images must not be displayed.
The sign/s must not dazzle or distract road users due to its colouring.
The luminance of the advertising sign/s must be such that it does not give a veiling luminance to the driver, of greater than 0.25cd/m2, throughout the driver's approach to the advertising sign/s.
In the event of an attack by a computer hacker or similar resulting in unauthorised display of visual images or any other display malfunction, the electronic sign is to shut down and cease any form of visual output until the malfunction is repaired.
Except with the written consent of the Responsible Authority, demolition or construction works must only be carried out between: 7 am - 6 pm, Monday-Friday (excluding public holidays) and 9 am - 3 pm, Saturday and public holidays. No work is to be carried out on Sundays, ANZAC Day, Christmas Day or Good Friday without a specific permit. All site operations must comply with the relevant Environmental Protection Authority's Guidelines on Construction and Demolition Noise.
This permit expires 15 years from the date the permit is amended, at which time the sign and all supporting structures must be removed and the site made good to the satisfaction of the Responsible Authority.
[2] The submissions and evidence of the parties, any supporting exhibits given at the hearing and the statements of grounds filed have all been considered in the determination of the proceeding. In accordance with the practice of the Tribunal, not all of this material will be cited or referred to in these reasons.