1. I note that Vic Roads has not objected to the proposal subject to the inclusion of conditions. One of these conditions was a 10 year expiry to which the permit applicant agreed. I note that the current permit does not contain a set expiry date.
2. In order to comply with conditions sought by Vic Roads in respect to traffic safety, the permit applicant accepted that the message on the sign would only change every 30 seconds.

1. It follows from the above reasons that it is my conclusion that the decision of the Responsible Authority should be set aside and an amended permit issued.

To develop the land for the purpose of a replacement/ reconstruction of an electronic major promotion sign in accordance with the endorsed plans

1. The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

1. The permit shall not be construed as permitting any animation of the sign hereby permitted to the satisfaction of the Responsible Authority.

1. The location and details of the structure shown on the endorsed plan must not be altered without the written consent of the Responsible Authority.

1. Sign lighting must be designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on adjoining land.

1. Luminance sensors that measure ambient light at the sign and technology that enables the luminance of the sign to automatically adjust relative to the measured ambient light levels;
2. Technology that enables the luminance of the sign to be set to a maximum luminance level; and

1. A control system that will record no less frequently than every 5 minutes:
   1. The sign's luminance (cd/m² or as a percentage of its maximum luminance); and
   2. The sign's luminance sensor reading of the ambient light.

1. Before the existing internally illuminated sign is decommissioned, an all-white vinyl billboard must be displayed and, with that billboard in place, an on-site measurement of the vertical illuminance (lux) of the internally illuminated sign must be taken and recorded by a qualified lighting consultant:
   1. at a distance of 90 metres standing directly in front of the sign (within Catani Gardens);
   2. during night time hours while it is dark; and
   3. while the sign is illuminated.

And, on the basis of that measurement the luminance (cd/m²) at a distance of 90 metres directly in front of the internally illuminated sign must be calculated using the retina illumainance method and recorded by the qualified lighting consultant.

1. Once installed and commissioned, the electronic sign must be set to display an all-white screen and, while displaying that screen, set to operate so that during hours of darkness (that is after the sun has fully set and before the sun starts to rise) the sign's luminance levels 90 metres standing directly in front of the sign do not exceed the luminance 90 metres in front of the internally illuminated sign as recorded pursuant to condition 6.
2. Once installed and commission, the electronic sign must be set to operate so that at all times other than those referred to in condition 8 (that is, during daylight and twilight hours) the luminance of the sign will automatically adjust relative to the measured ambient light levels.
3. Records of the sign's luminance levels must be retained for a period of 6 months after the recordings were made.
4. The cladding on the sign's structure of the sign must extend vertically to ensure there is no gap between the cladding and the sign to prevent inadvertent light shining between the cladding and the sign.
5. No advertisement or image may be displayed for less than 30 seconds.
6. The transition from one advertisement to another must be instantaneous.
7. The rear of the sign should be finished/clad and present a well- maintained appearance to the satisfaction of the responsible authority.
8. In relation to the images displayed on the sign:

1. Sequences of images giving the illusion of continuous movement must not be displayed. 2. 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.

1. Images or text capable of being mistaken as an instruction to a road user must not be displayed.

1. Flashing background, flashing text or flashing images must not be displayed.
2. The sign must not dazzle or distract road users due to its colouring.

1. The luminance of the advertising sign must be such that it does not give a veiling luminance to the driver, of greater than 0.25 cd/m², throughout the driver's approach to the advertising sign.
2. 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.
3. The permit expires 10 years from the 1 November 2013, at which time the sign and all supporting structures must be removed and the site made good to the satisfaction of the Responsible Authority.

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

[2] 2001/3115 Buckle Outdoor Advertising v Port Phillip CC (26 April 2001)

[3] See Gelperowicz et ors vs Glen Eira CC & Anor [2013] VCAT 1139

[4] Heritage Overlay 348 and Victorian Heritage Database H1805.