Extract from page 34 of Traffix Group revised traffic engineering assessment dated 21 January 2025

1. Council also submits the traffic impact assessment and Austroads publication it has tabled indicate that legibility is determined by the clarity of the content, yet the content of the sign is unknown and changing. Council acknowledges the applicant's traffic engineering assessment has undertaken 'a detailed, mathematical approach' to assess the visibility and legibility of the sign. However, council considers an objective assessment needs to be made of the intersection as a whole, including the particular consideration required to determine whether the decision guidelines of clause 52.05-8 are satisfied.
2. The Austroads publication tabled by council is an Austroads Research Report about the Impact of Roadside Advertising on Road Safety published January 2013. It considers the safety of electronic roadside advertising and how such proposals are considered across Australia. At section 1.2, it explains the project includes the promotion of improved and consistent practice by road agencies in the use of digital display technology for outdoor advertising signs. It acknowledges the potential for distraction in a high pedestrian area and, in summary, that the acceptability of a sign depends upon its location, legibility and potential for distraction.
3. I have extracted the two figures provided on either side of the pedestrian crossing from the Traffix Group assessment.

Viewing location in Traffix Group assessment approaching the pedestrian crossing extracted from page 38

Viewing location in Traffix Group assessment just after the pedestrian crossing extracted from page 39

1. Council suggests that during the winter months when the street trees have lost their leaves the sign will be visible in the view shown in Traffix Group figure 26. That is not something that Traffix Group agrees with.
2. Traffix Group responded to council's concern in a memo dated 3 March 2025 and I have extracted part of page 2 in the following quote:

Following the upgrade works on Latrobe Street, an updated traffic report was prepared by our office.

As a part of this updated assessment, an additional site visit and capture of further videos/images was undertaken on the Latrobe Street approach to the sign.

...

The sign is mostly obscured along the eastbound approach, with the sign blocked out by buildings and vegetation on the north side of the Latrobe Street carriageway.

The sign will not be visible to drivers as they approach the pedestrian zebra crossing at the west side of the new tram stop, and accordingly, we are satisfied that this driving task will not be impacted by the sign.

Ultimately, although the upgrade works does make changes to the Latrobe Street carriageway (including the removal of a lane, introduction of pedestrian crossing and banning of the right turn movement), this does not fundamentally change the fact that the sign is mostly not visible to drivers as they navigate the eastbound approach.

Our legibility assessment is based on similar comparable existing electronic signs, and is based on the 85th percentile value of observed signs. Accordingly, we are satisfied that this adequately accommodates for the potential variability in content of the proposed sign.

1. Even if the sign is visible or partly visible in the winter months, the mere visibility does not mean it is unacceptable. Using figure 26 as the example, the view of the sign may not be of the whole sign because of the curved nature of the sign, and/or its view may be disrupted by street tree branches, other infrastructure or the Argus Building on the northwest corner of the intersection. Also, any visibility will be read in association with the banners and other signs evident further beyond the intersection in LaTrobe Street. As the applicant put it, there is 'colour everywhere'. Traffix Group also identifies that because of the slope down to Elizabeth Street, there will come a point where the sign will sit above the front windscreen.
2. The applicant points out council's traffic engineers have not said the sign creates an unacceptable impact when they assessed the original sign that was bigger in size than the amended proposal before the Tribunal. I note the delegate report contains the following:

1. The dwell time (being the amount of time one advertisement is displayed) is a matter of concern in this proceeding. The proposed eight second dwell time means there is a relatively fast changeover, creating activity that is meant to attract attention. Mr Campbell's analysis of the existing electronic major promotion signs in the Hoddle Grid reveals that an eight second dwelling time is 'rather short, when compared to other existing dwell times'. The average dwell time across all 17 electronic signs is approximately 18 seconds. He also points out the approved dwell time for the non-functioning panel sign at the east end of the LaTrobe Street elevation of the host building is a minimum of 20 seconds. Mr Song acknowledged a longer dwell time might be needed to assist in addressing the potential for driver distraction. The applicant subsequently offered to accept a condition of permit requiring a 20 second dwell time. Given the dwell time average within the central city is about 18 seconds and council's traffic engineers' suggestion for a longer dwell time of a minimum of 15 seconds, I am satisfied that restricting the dwell time to a minimum of 20 seconds is an acceptable outcome.

1. Given the potential for there to be two electronic signs on this site (if the non-functioning panel sign began its display), there was a discussion in the hearing about whether the advertisement dwell times should be coordinated. Mr Campbell is concerned two signs changing advertisements at different times will contribute to visual clutter and 'will clash'. He suggests coordination of the dwell times will enable the orderly display of messages. I am not persuaded a condition requiring coordination is necessary or appropriate. Another way of potentially looking at this is that differences in the dwell times could contribute to the activity and vitality of this part of the city.
2. I have agreed to the applicant's request for an 11 year permit so that the endorsement of plans and building construction period does not interfere with the opportunity to display the sign for a 10 year period following construction.

1. For the reasons given above, the decision of the responsible authority is set aside. A permit is granted subject to conditions.

Construction and display of an electronic major promotion panel sky sign

1. Before the construction of the electronic major promotion panel sky sign starts, plans must be approved and endorsed by the responsible authority. The plans must:

(a) be prepared to the satisfaction of the responsible authority

(b) be drawn to scale with dimensions

(c) submitted in electronic form

(d) be generally in accordance with the plans identified as those prepared by Adraeng (Drawing No. 15242-001, Revision b0, and dated January 2025), but amended to show the following details:

1. the width of the sign structure,
2. the rear elevation of the sign,
3. the proximity of the sign to the parapet of the host building including the depth of the parapet, and the location of the sign relevant to the parapet including whether there is ability to move in front of the curved section of the sign,
4. the colour of any structure for the sign (including any mesh panels and cladding) that blends in with the colour of the host building,
5. the need for mesh triangular panels on either side of the sign to limit visibility of the rear of the sign and to retain the symmetry of the sign if desirable
6. the need for cladding at the bottom of the sign to screen any structure for the sign and/or to provide for a company business logo on the structure.

1. The development (including the location, orientation, size, materials of construction and illumination of the sign(s)) as shown on the endorsed plan(s) must not be altered or modified unless with the prior written consent of the Responsible Authority.

1. The sign(s), including the supporting structure and advertising material therein as shown on the endorsed plan, shall at all times be maintained in good order and condition to the satisfaction of the Responsible Authority.

1. All outdoor lighting associated with the sign and supporting structure must comply with Australian Standard AS/NZS 4282:2023 (Control of the Obtrusive Effects of Outdoor Lighting) to the satisfaction of the Responsible Authority.
2. The Lighting Impact Assessment (LIA) endorsed to form part of the permit is the LIA prepared by Electrolight Australia (Ref.: 3603, Revision C, and dated 20 January 2025) (or as amended from time to time). The endorsed LIA must not be altered without prior consent of the responsible authority.
3. Within 30 days of the commencement of the operation of the sign, a Lighting Compliance Report (LCR) must be submitted to and approved by the Responsible Authority. The LCR must demonstrate that the sign has been commissioned according to the requirements of the endorsed LIA endorsed under Condition 6 of this permit. The LCR must include the following:

(a) On site luminance measurements for Daytime, Evening/Morning Twilight and Night Time, based on a 100% white screen set to the maximum value for each lighting condition.

(b) Date and times of luminance measurements for the relevant lighting conditions.

(c) Details of the luminance meter used, including serial number. The luminance meter must have been calibrated by an appropriately certified Lab within the last 12 months. The date of calibration and Calibration Report Number shall be provided.

(d) A description of the luminance methodology used, including location and orientation of the luminance meter relative to sign, the image/content displayed on sign and number of measurement points taken. The signage should be measured with a 100% white image displayed, unless signage is a fixed colour/design.

(e) Photos of the sign for each sky condition measured, taken from the meter location.

(f) Indicative elevation plans of the signage showing the values of luminance at each measurement point.

(g) A summary showing the final average luminance of the signage for each relevant sky condition.

(h) A certification signed by a suitably qualified lighting consultant to undertake luminance measurements.

1. The operator must keep a Compliance Record of the operation of the sign. This must be provided to the Responsible Authority within 5 days of a written request. The Compliance Record must include:

(a) The sign's luminance (cd/m² or as a percentage of its maximum luminance) in minimum 10-minute intervals.

(b) The sign's photocell (light sensor) reading of the ambient light in minimum 10-minute intervals.

(c) The dwell time and transition time between successive images.

All record information must be time and date stamped to show the time of measurement.

Compliance Records must be maintained for a minimum of 12 months.

1. Electronic signage must have an Upward Light Ratio (ULR) of less than 50% and the design must include facilities (such as integral baffles) to mitigate upward waste light.

1. No advertisement must be displayed for less than 20 seconds.
2. The transition from one advertisement to another must be instantaneous.
3. The sign must not display content, images or text:

(a) Giving the illusion of continuous movement.

(b) Capable of being mistaken for traffic signals or traffic control devices, including red, amber or green circles, octagons, crosses or triangles.

(c) Capable of being mistaken as an instruction to a road user, including the wording stop, give way, slow down, turn left or turn right.

(d) With a flashing background, flashing text, flashing images, blinking or fading elements that create the illusion of movement.

(e) Containing any animation.

(f) Capable of being interpreted as projections beyond the face of the advertising screen such as through 3D technology.

(g) Consisting of present time or other contemporary update information relating to news, weather or time.

(h) Containing video, movie or television broadcasts.

1. The advertising area must not be split into two or more screens with different messages.
2. The sign and any displayed advertisement must not include any ancillary extension, embellishment or accessorising within or outside the permitted advertising area other than in accordance with the endorsed plans unless the Responsible Authority has agreed in writing prior to its installation.
3. The use of sound or motion to activate the sign is not permitted.
4. The use of sound to interact with road users is not permitted.
5. 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 must shut down and cease any form of visual output until the malfunction is repaired.

1. This permit expires 11 years from the date of issue, 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. This permit will expire if one of the following circumstances applies:

(a) The development is not started within two years of the date of this permit.

(b) The development is not completed within four years of the date of this permit.

The Responsible Authority may extend the permit if a request is made in writing before the permit expires, or within six months afterwards. The Responsible Authority may extend the time for completion of the development if a request is made in writing within 12 months after the permit expires and the development started lawfully before the permit expired.

[1] Section 4(2)(d) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) states a failure to make a decision is deemed to be a decision to refuse to make the decision.

[2] The submissions and evidence of the parties, the supporting exhibits given at the hearing and the material contained on the Tribunal's electronic file have all been considered in the determination of the proceeding. In accordance with the practice of the Tribunal, not all this material will be cited or referred to in these reasons.

[3] [2006] VCAT 276

[5] Mr Campbell's evidence statement at [96].

[6] Mr Campbell's evidence statement at [64].

[7] The applicant's submission at [75].