The use and development of the land for the purposes of major promotional signage in accordance with the endorsed plans.

Mr Egils Stokans, Barrister of Russell Kennedy. He called Mr John Glossop, Town Planner to give evidence.

Use and development of the of the site for a two sided, floodlit, major promotional sign with a maximum height of 13.55 metres and dimensions of 12.66 by 3.35 metres for an area of 84.8 square metres (42.4 each side)

Application under Section 79 of the Planning and Environment Act 1987.

Industrial 3 Zone with Development Contributions Overlay Schedule 3 abutting Road 1 Zone.

Clause 33.03 Use and works permit; Clause 52.05 Major promotional signage.

The site is located on the western side of High Street and is occupied by a building which previously operated as the Epping Village Market Building.

The site is irregular in shape and quite large at 8243 square metres with a frontage of 78.45 metres to High Street itself.

High Street is the main commercial strip shopping centre (to the north of the site) within the Epping Activity centre. To the west of the site is Epping Plaza, a large shopping centre servicing the needs of surrounding residential areas.

In closer proximity of the subject site landuses are generally quite robust with industrial uses and newer bulky goods retailers. Residential properties are located quite a distance from the subject site with the closest being to eth south of Deveny Road and to he east of the railway line

27th May 2012 not accompanied by representatives of the parties.

1. This appeal was brought by the permit applicant in relation to Council's failure to determine the application within the prescribed time. Council have indicated that had an appeal not been lodged, they would have determined to refuse the proposal on the following grounds:
   • The proposed sign is not consistent with State and Local Planning Policy Frameworks of the Whittlesea Planning Scheme
   • The proposed advertising sign is not consistent with the purpose of Clause 52.05 (Advertising Signs) of the Whittlesea Planning Scheme.
   • The proposed sign is not consistent with the decision guidelines of Clause 52.05-6 (Major Promotion Signs) of the Whittlesea Planning Scheme
   • The proposed sign is not compatible with the desired future character of the area in which the sign is proposed to be located.
   • The proposed sign is not consistent with the draft Epping Central Structure Plan (May 31 2011)
2. The key issues for determination are:
   1. Is the proposal consistent with the planning policy framework of the Whittlesea Planning Scheme?
   2. Is the proposal consistent with the purpose and decision guidelines of Clause 52.05 of the Whittlesea Planning Scheme?
3. The Tribunal must decide whether a permit should be granted and, if so, what conditions should be applied. Having considered all submissions and evidence presented, and having regard to the applicable policies and provisions of the Whittlesea Planning Scheme, I have decided to grant a permit. My reasons for my decision follow.

Is the proposal consistent with the planning policy framework of the Whittlesea Planning Scheme?

1. Major promotional signs are a legitimate use in the planning scheme and one that is encouraged in industrial locations, in a manner that complements or enhances the character of the area. Major promotion signage need not be automatically reviled or feared, rather, an appropriate assessment against the state and local policy and decision guidelines of Clause 52.05 are required.
2. Within State Policy at Clause 15 it is an accepted premise that new development must take into account the natural and strategic context of its location. Further to this, Clause 18 requires that with specific regard to the construction and display of advertising signage, visual standards appropriate to the importance of the route should be achieved.
3. The subject site represents an ideal location for Major Promotional signage in response to the policy imperatives of Clauses 15 and 18. Specifically, the review site includes the following positive attributes:
   • The site is located on a major road (High Street is zoned Road Zone Category 1)
   • The site is appropriately distant from residential properties with the nearest properties being located 350 metres to the east of the site with a physical barrier of several two storey industrial buildings and a railway line in between the review site and the closest residential properties. The nearest residential properties on the same side of High Street are located on the south side of Deveney Road, around 770 metres from the site and turn their backs to the review site.
   • The site is located within an Industrial 3 Zone, where major Promotional signage is a Category 2 sign, and clearly able to be contemplated. This is one of the few zones where such signage can be contemplated.
   • The continued viability of the site and use of the site for industrial and commercial uses will not be unduly impacted upon by the signage. The sign is proposed to be located between the carparking to the front of the site and High Street itself.
   • The sign is proposed to be located with the pole 4.8 metres from the road cartilage and will not impede views to current or proposed business identification signage on buildings on the site.
   • Whilst Major Promotional Signage exists to the north on High Street (I am told approximately 420 to 430 metres from the review site) the proposed signage will not be read in the same context as this existing signage as it is sufficiently distant so as to not result in visual clutter

1. Further to the above, and in lieu of specific State Policy direction for the location of advertising signage, it is appropriate to consider the Local Policy with regard to the location of signage. Whilst there is no local policy on outdoor advertising per se, two policies are pertinent to the proposal. They are: Clause 22.09- Industrial Development and Clause 22.12- Advertising Signs adjoining the Metropolitan Ring Road.
2. With regard to the latter policy, although the policy does not apply to the subject site, it is appropriate to note the following policy requirements:
   • Encourage major promotion signs or sky signs to be located in industrial zones where it can be demonstrated that the signs have been sited to:
     • Minimise impacts on viewing corridors / major views;
     • Not be visible from surrounding residential areas;
3. As noted above, the proposed signage will not have a direct impact on residential properties and is sufficiently removed so as not to afford glare or bulk to these properties. Furthermore, it is noted that the area does not form a major view and does not provide viewing corridors due to the curvature of the road.
4. With regard to the requirements within the Industrial Development Policy at Clause 22.09, it is policy that:

The scale and appearance of all buildings and works is consistent with the purpose of the zone, site location, and surrounding land uses.

1. The purpose of the zone includes to provide for industries and associated uses in specific areas where special consideration of the nature and impacts of industrial uses is required or to avoid inter-industry conflict.
2. It is considered that the scale of the proposed signage will not dominate the buildings on site, nor would it impact on the viability of surrounding uses. The sign is appropriately located so as to minimise interruptions to views of buildings where business identification signage might be located signage.
3. The site is located in an area earmarked for future development within the Epping Central Draft Structure Plan[2]. Whilst this plan is in its infancy at the moment and will most likely go through many iterations before becoming policy, it is a helpful document in understanding the aspirations of Council with regard to the future direction for the land and the surrounding area.
4. The review site and surrounding area is located in Precinct 7. The site and land to the north and west of the site are identified within the Epping Central Draft Structure Plan as being in a Mixed Use A area where it is expected more modern, vibrant vertically mixed use higher density development would occur. More specifically, the review site is identified thus:

The retail markets site located on High Street is a key landmark site for precinct 7. Dynamic architectural built form is sought to serve as a gateway into precinct 7 from the south, with an increased scale of built form, required to integrate the site with the Epping Plaza site.

1. Whilst the sign stands alone and will be, of necessity, highly visible, it is appropriate to look beyond the subject site to the wider locality in understanding the effect of the signage. Within this larger context the sign does not dominate, overwhelm or significantly detract from the High Street corridor in this location where there are other large advertising forms including the Major Promotions signage 420 metres to the north of the site. I do not think that the proposed major promotional sign would be out of character within this context.
2. Nor do I believe that the signage will be out of sorts with the future character of the area where it is envisaged that High Street will contain modern and robust architecture with commercial tenancies, presumably with associated business identification signage. That being said, I am minded to agree with Council's request to have the time limits for the expiry of the signage reduced to 10 years rather than the usual 15 years. This will provide an earlier opportunity for review of the signage, during which time the effects of the Epping Central Draft Structure Plan should be well underway.
3. Council submitted to me that the Epping Central Draft Structure Plan would effectively prohibit this major promotional signage. Whilst that may well be the case, I am mindful that the Epping Central Draft Structure Plan is in its infancy with several tests of community and peer scrutiny yet to come. As such, I give the direction afforded within this document minimal weight.
4. I am satisfied that the scale and location of the signage represents an appropriate response to State and Local Policy, as it stands today.

Is the proposal consistent with the purpose and decision guidelines of Clause 52.05 of the Whittlesea Planning Scheme?

1. The purposes of Clause 52.05 Advertising Signs includes (inter alia):
   • To provide for signs that are compatible with the amenity and visual appearance of an area, including the existing or desired future character.
   • To ensure signs do not contribute to excessive visual clutter or visual disorder.
   • To ensure that signs do not cause loss of amenity or adversely affect the natural or built environment or the safety, appearance or efficiency of a road.
2. Two further purposes are iterated with specific regard to Major Promotional Signage. These include the following:
   • To achieve high quality visual standards for the siting of major promotion signs.
   • To ensure that the signs are not detrimental to the appearance of their surroundings or the safe and efficient operation of the route through the application of consistent planning controls.
3. As noted in the previous section, I am satisfied that the construction and display of the proposed signage will not result in visual clutter and will be contextual to the area, with minimal opportunities for the sign to be read in context with the existing major promotion sign to the north. The signage will not have an unreasonable impact on the visual appearance of the area. The scale of built form of the area, over time, may well increase beyond the current two storey form. Indeed, I note that with the Epping Central Draft Structure Plan it is envisaged that the area will cater to robust and contemporary architecture, most likely of a scale greater than currently evident. Within this context, the signage can sit comfortably
4. I am further satisfied that the amenity of residential properties will not be detrimentally impacted upon with the nearest properties on the same side of High Street located approximately 770 metres away and properties to the east protected from views through two storey built form.
5. The proposal was referred to VicRoads by Council during the planning permit application process. VicRoads have responded by noting that they do not object to the proposed signage subject to the inclusion of specific conditions. I note that these conditions have been included in the set of 'without prejudice' conditions from Council, and I see no reason not to include them in their entirety. I am satisfied that this suite of conditions will serve to ensure that the safe and efficient operation of the route through the application of consistent planning controls will be achieved.
6. The following decision guidelines must also be considered:
   • The effect of the proposed major promotion sign on:
     • Significant streetscapes, buildings and skylines.
     • The visual appearance of a significant view corridor, viewline, gateway location or landmark site identified in a framework plan or local policy.

• When determining the effect of a proposed major promotion sign, the following locational principles must be taken into account:
  • Major promotion signs are encouraged in commercial and industrial locations in a manner which complements or enhances the character of the area.
  • Major promotion signs are discouraged where they will form a dominant visual element from residential areas, within a heritage place or where they will obstruct significant viewlines.
  • In areas with a strong built form character, major promotion signs are encouraged only where they are not a dominant element in the streetscape and except for transparent feature signs (such as neon signs), are discouraged from being erected on the roof of a building.

1. Clearly, the provisions at Clause 52.05-6 encourage major promotional signage in commercial and industrial locations in a manner which complements or enhances the character of the area. As noted above, I find that the proposed signage will not form a dominant visual element in the in the area. Further to this, the signage will not dominate when viewed from residential areas or obstruct significant viewlines. The site is not located within a significant streetscape, and the signage will not have an unreasonable impact on the character of the area.
2. The consistent built form character in the area is that of a one to two storey built form scale, interspersed with large prominent signage, with which the proposed signage will not be at odds.

1. I have decided to issue a permit on the basis that the signage is appropriately located having regard to the following:
   • the location of the proposed sign is characteristic of signs already existing within the area;
   • the sign will not detract from the ability of nearby tenants to provide effective business signs;
   • the sign would not be inconsistent with council's foreshadowed plans to improve the urban environment in this area, by way of the Epping Central Draft Structure Plan, and;
   • there are no specific local planning policies discouraging Major Promotion Signs.
2. It follows from the above reasons that it is my conclusion that the decision of the responsible authority should be set aside and a permit be granted.

The permit allows use and development of the land for the purpose of a major promotion sign in accordance with the endorsed plans.

1. The location and detail of the sign and supporting structure, as shown on the endorsed plans must not be altered within the written consent of the Responsible Authority.

1. The sign must be constructed and maintained to the satisfaction of the responsible authority.

1. To the satisfaction of the responsible authority the sign must not:

1. dazzle or distract drivers due to its colouring. It must not contain any flashing lights. 2. be able to be mistaken for a traffic signal because it has, for example, red circles, octagons, crosses or triangles.

1. be able to be mistaken as an instruction to drivers.

1. The floodlighting shall be installed and maintained to ensure there is no glare towards motorists or spillage of light onto motorway. Accordingly the luminance of the sign must be such that it does not give a veiling luminance of greater than 0.25cd/m2 throughout the drivers approach.

1. The sign must be installed totally within the property boundary line.

1. Any changeover of the sign content and maintenance issues shall be performed without compromising the safety of motorists or pedestrians.

1. The sign advertising should satisfy VicRoads 10 point safety check list.

1. This permit expires 10 years from the date of this permit.

Before the permit expires or within three months afterwards, the owner or the occupier of the land to which it applies may ask the Responsible Authority for an extension of time. The Responsible Authority may extend the time within which the development is to be started or completed.

[1] We have considered all submissions presented by the parties although I/we do not recite all of the contents in these reasons.

[2] The Epping Central Draft Structure Plan has been through community consultation and is at the very beginning of its journey into becoming enshrined as policy.