Victorian Civil and Administrative Tribunal|2014-09-17

For the reasons explained above, the decision of the Responsible Authority is set aside. A permit is issued subject to conditions.

The erection and display of two (2) floodlit major promotion sky signs in accordance with the endorsed plans.

Prior to the erection and display of the signs, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale and three (3) copies must be provided. The plans must be generally in accordance with the plans submitted with the application, but modified to show:

The location and details of the signs including those of the supporting structure as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.

The signs hereby permitted must not:
- (a) Dazzle or distract drivers due to its colouring.
- (b) Be able to be mistaken for a traffic signal because it has, for example, red circles, octagons, crosses or triangles.
- (c) Be able to be mistaken as an instruction to drivers.
The signs hereby permitted must not:-
- (a) Be internally illuminated.
- (b) Be animated.
- (c) Be moving or rotating.
- (d) Contain any flashing or intermittent light.
All signs must be located wholly within the boundary of the land.
The signs hereby permitted must be constructed to the satisfaction of the Responsible Authority, and must be maintained to the satisfaction of the Responsible Authority.
Any external lighting of the signs must be designed, baffled and located so as not to cause glare or distraction to motorists or other persons or loss of amenity or any adverse effect on adjoining land, to the satisfaction of the Responsible Authority.

This permit will expire if one of the following circumstances applies:
- The development (erection of signs) is not commenced within two (2) years from the date of this permit.
- The development (erection of signs) is not completed within two (2) years of the date of this permit.
- This permit expires 25 years from the date of this permit.

In accordance with Section 69 of the Planning and Environment Act 1987, an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.

[1] I have considered the submissions of all the parties that appeared, all the written and oral evidence, all the exhibits tendered by the parties, and all the statements of grounds filed. I do not recite or refer to all of the contents of those documents in these reasons.

[2] Southern Way letter dated 4 November 2013.

[3] Adspace Group Pty Ltd v Frankston CC [2013] VCAT 1590 (12 September 2013).

[4] Source: Andreassen, D. C 1984, Traffic accidents and Advertising Signs', Australian Road Research Board, Internal Report, AIR 000-213.

[5] Page 13 of evidence of Ms Dunstan, Traffix Group.

[6] Source: Hughes, P.K and Cole, B.L 1986, 'What attracts attention when driving? Ergonomics, Vol 29, Issue 3.

Adspace Outdoor Pty Ltd v Frankston CC [2014] VCAT 1157 (17 September 2014)

Adspace Group Pty Ltd v Frankston CC [2013] VCAT 1590 (12 September 2013).

Adspace Outdoor Pty Ltd v Frankston CC [2014] VCAT 1157

At a glance

Court

Decision date

Source

Judgment (13 paragraphs)

Parties

Cases Cited (2)

Adspace Outdoor Pty Ltd v Frankston CC [2014] VCAT 1157 (17 September 2014)