For the reasons explained above, the decision of the Responsible Authority is set aside. A permit is issued subject to conditions.
[2]
Erection and display of a two-faced, V-shaped, internally illuminated, electronic Major Promotion, Sky sign in accordance with the endorsed plans.
[3]
Before the sign is erected and displayed, 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 with dimensions and three copies provided. The plans must generally be in accordance with the plans prepared by Drive By Developments, Drawing No.'s Aerial/Site Plan Job 1576 - Rev F and Plans & Elevations Job 1576 - Dwg No 04 Rev F dated 10/8/15, yet modified to show:
(a) Three trees planted on the grassed area between the car parking spaces and the property boundary to the north of the existing trees adjacent to the site of the proposed sign and three trees to the south of the existing trees adjacent to the site of the proposed sign, with the species and growth habit of these trees being to the satisfaction of the Responsible Authority and the trees planted eight-to-nine metre apart.
The location and details of signs shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.
All signs must be located wholly within the boundary of the land.
All signs must be constructed and maintained to the satisfaction of the Responsible Authority.
No advertisement may be displayed for less than 30 seconds.
The transition from one advertisement to another must be instantaneous.
Images and text displayed on the signs must not:
(a) give the illusion of continuous movement;
(b) flash, strobe or flicker;
(c) be capable of being mistaken for traffic signals or a traffic control device (for example, by including red, amber or green circles, octagons, crosses or triangles); or
(d) be capable of being mistaken as an instruction to a road user.
The sign must not dazzle or distract drivers due to its colouring or luminosity or otherwise constitute a road safety hazard in any way.
The sign must not obstruct the view of motorists, obscure traffic signals or constitute a road safety hazard in any way.
The intensity of the lighting of the signs must, to the satisfaction of the responsible authority, be limited so as not to cause glare or distraction to motorists, or loss of amenity in the surrounding area.
The sign, including its structure and advertising material as shown on the endorsed plan, must at all times be maintained in good order and condition, to the satisfaction of the Responsible Authority.
This permit will expire if the advertising sign is not completed within two years of the issued date of this permit.
This permit will expire 25 years from the date of issue of this permit at which time the sign and all supporting structures must be removed from the land and the land must be made good to the satisfaction of the Responsible Authority.
[4]
[1] Section 4(2)(d) of the Victorian Civil & Administrative Tribunal Act 1998 states a failure to make a decision is deemed to be a decision to refuse to make the decision.
[5]
[2] 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.
[6]
[3] The sign's dimensions in the permit application plans are 18.99 metres by 4.57 metres, while in the revised plans they are 12.66 metres by 3.35 metres.
[7]
[4] See Falvo Investments Pty Ltd v Hobsons Bay CC[2015] VCAT 1143 at paragraphs 46 to 72 and Adspace Outdoor Pty Ltd v Frankston CC[2014] VCAT 1157.
[8]
[5] Taken from page 33 of Ms Dunstan's Evidence Statement.
[9]
[6] This distance varies according to which of the three traffic lane the sign is viewed from.
[10]
[7]AustRoads Guide to Traffic Management Part 10: Traffic control and Communication Devices
Parties
Applicant/Plaintiff:
Australian Leisure and Hospitality Group Pty Ltd
Respondent/Defendant:
Knox CC [2015] VCAT 1678
Legislation Cited (1)
Administrative Tribunal Act 1998
Cases Cited (3)
Australian Leisure and Hospitality Group Pty Ltd v Knox CC [2015] VCAT 1678 (21 October 2015)