1. The site is located within a Commercial 1 Zone ('C1Z').
2. The purpose of the C1Z at clause 34.01 of the Monash Planning Scheme are:

To implement the Municipal Planning Strategy and the Planning Policy Framework.

To create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses.

To provide for residential uses at densities complementary to the role and scale of the commercial centre

1. Clause 34.01-9 states that the sign requirements are at clause 52.05 and this zone is in Category 1.
2. Clause 52.05-11 (Category 1-Commercial Areas) identifies the proposed major promotion sign, electronic sign and sky sign to be listed in Section 2. Therefore, a permit is required.
3. The display of the proposed signage requires a planning permit pursuant to:
   • Clause 52.05-2 that states a permit is required to construct or put up for display a sign in Section 2.
4. Relevant considerations are contained on the following key clauses:
   • The relevant purposes of clause 52.05 Signs, include:

To regulate the development of land for signs and associated structures.

To ensure signs 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.

• Relevant decision guidelines at clause 52.05-8 include:

• The character of the area including:
  • - The sensitivity of the area in terms of the natural environment, heritage values, waterways and open space, rural landscape or residential character.
  • - The compatibility of the proposed sign with the existing or desired future character of the area in which it is proposed to be located.
  • - The cumulative impact of signs on the character of an area or route, including the need to avoid visual disorder or clutter of signs.
  • - The consistency with any identifiable outdoor advertising theme in the area.
• Impacts on views and vistas:
  • - The potential to obscure or compromise important views from the public realm.
  • - The potential to dominate the skyline.
  • - The potential to impact on the quality of significant public views.
  • - The potential to impede views to existing signs.
• The relationship to the streetscape, setting or landscape:
  • - The proportion, scale and form of the proposed sign relative to the streetscape, setting or landscape.
  • - The position of the sign, including the extent to which it protrudes above existing buildings or landscape and natural elements.
  • - The ability to screen unsightly built or other elements.
  • - The ability to reduce the number of signs by rationalising or simplifying signs.
  • - The ability to include landscaping to reduce the visual impact of parts of the sign structure.
• The relationship to the site and building:
  • - The scale and form of the sign relative to the scale, proportion and any other significant characteristics of the host site and host building.
  • - The extent to which the sign displays innovation relative to the host site and host building.
  • - The extent to which the sign requires the removal of vegetation or includes new landscaping.
• The impact of structures associated with the sign:
  • - The extent to which associated structures integrate with the sign.
  • - The potential of associated structures to impact any important or significant features of the building, site, streetscape, setting or landscape, views and vistas or area.
• The impact of any illumination:
  • - The impact of glare and illumination on the safety of pedestrians and vehicles.
  • - The impact of illumination on the amenity of nearby residents and the amenity of the area.
  • - The potential to control illumination temporally or in terms of intensity.
• The impact of any logo box associated with the sign:
  • - The extent to which the logo box forms an integral part of the sign through its position, lighting and any structures used to attach the logo box to the sign.
  • - The suitability of the size of the logo box in relation to its identification purpose and the size of the sign.
  • - The need for identification and the opportunities for adequate identification on the site or locality.
• The impact on road safety. A sign is a safety hazard if the sign:

• - Obstructs a driver's line of sight at an intersection, curve or point of egress from an adjacent property.
  • - Obstructs a driver's view of a traffic control device or is likely to create a confusing or dominating background that may reduce the clarity or effectiveness of a traffic control device.
  • - Could dazzle or distract drivers due to its size, design or colouring, or it being illuminated, reflective, animated or flashing.
  • - Is at a location where particular concentration is required, such as a high pedestrian volume intersection.
  • - Is likely to be mistaken for a traffic control device, because it contains red, green or yellow lighting, or has red circles, octagons, crosses, triangles or arrows.
  • - Requires close study from a moving or stationary vehicle in a location where the vehicle would be unprotected from passing traffic.
  • - Invites drivers to turn where there is fast moving traffic or the sign is so close to the turning point that there is no time to signal and turn safely.
  • - Is within 100 metres of a rural railway crossing.
  • - Has insufficient clearance from vehicles on the carriageway.
  • - Could mislead drivers or be mistaken as an instruction to drivers.

• The effect of the proposed major promotion sign on:
  • - Significant streetscapes, buildings and skylines.
  • - The visual appearance of a significant view corridor, view line, gateway location or landmark site identified in a framework plan or local policy.
  • - Residential areas and heritage places.
  • - Open space and waterways.
• 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 that complements or enhances the character of the area.
  • - Major promotion signs are discouraged along forest and tourist roads, scenic routes or landscaped sections of freeways.
  • - Major promotion signs are discouraged within open space reserves or corridors and around waterways.
  • - 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.
• Clause 52.05-9 provides mandatory conditions:

Mandatory conditions

All signs

A permit for a sign that includes an expiry date must include a condition that provides that on expiry of the permit the sign and structures built specifically to support and illuminate it must be removed.

Major promotion signs

A permit for a major promotion sign must include conditions that specify:

• That the sign must not:
  • - Dazzle or distract drivers due to its colouring.
  • - Be able to be mistaken for a traffic signal because it has, for example, red circles, octagons, crosses or triangles.
  • - Be able to be mistaken as an instruction to drivers.
• An expiry date that is 15 years from the date the permit is issued unless otherwise specified in this clause. This does not apply to a permit for major promotion sign for a special event or temporary building shrouding.

A permit for a major promotion sign may specify an expiry date other than 15 years, but the date must not be less than 10 years or more than 25 years from the date the permit is issued. Before deciding to alter the specified expiry date of 15 years, the responsible authority must consider, as appropriate:

• The purpose of the sign.
• The existing or desired character of the area.
• The Municipal Planning Strategy and the Planning Policy Framework in terms of the extent to which the proposed sign is consistent with any relevant policy direction and the extent to which the area may be expected to change over time.
• The extent to which the signage is physically and visually integrated into the architecture of the building.

1. Clause 15.01-1S, Urban design includes an objective to create urban environments that are safe, healthy, functional and enjoyable and that contribute to a sense of place and cultural identity. Relevant objectives include:

Require development to respond to its context in terms of character, cultural identity and heritage, natural features, surrounding landscape and climate.

.....

Ensure development supports public realm amenity and safe access to walking and cycling environments and public transport.

.....

Ensure that development, including signs, minimises detrimental impacts on amenity, on the natural and built environment and on the safety and efficiency of roads.

Promote good urban design along and abutting transport corridors.

1. Clause 15.01-1L-01, Signs includes objectives that seek to facilitate signs that provide orderly and effective identification of businesses and other land uses and support signs that are complementary to the built form and landscape character of the locality and minimise impacts on residential amenity. Relevant strategies include:

General Strategies

Locate, site and design signs for non-residential uses so that they do not adversely affect the amenity of residential areas particularly along non-arterial roads.

.....

Discourage the proliferation of signs along major transport routes including roadways and railways.

Design signs to integrate with the architectural design, scale and construction detail of the building, premises or retail centre it is located at.

Facilitate business identification signs that add vitality and colour to high order shopping centres.

Encourage signs in activity centres that that reinforce the centre's role in the activity centre hierarchy, including signs that:

• Are vibrant, colourful and integrated in the Glen Waverley Activity Centre.
• Identify major tenants in an orderly and coordinated manner for enclosed shopping complexes.
• Reflects the village character in Mount Waverley and Oakleigh activity centres.

Major promotion sign strategy

Discourage major promotion signs that are inconsistent with the garden city character

Promotion sign strategies

Discourage promotion signs particularly along arterial roads, including freeways.

Sky sign strategies

Support sky signs located at major entry points of large retail centres and which are designed to integrate with the architectural features of the centre.

Support sky signs used for the identification of retail centres to be internally illuminated or floodlit.

Discourage sky signs that are animated, flashing or reflective and any associated bunting sign.

Discourage promotional advertising on sky signs.

1. Clause 15.01-2L-01, Industry and business built form character has an objective that seeks to ensure development creates or enhances a high-amenity built form environment and contributes to the garden city character. Relevant strategies include:

• Provide setbacks from street frontages consistent with surrounding buildings to:
• Create and maintain open and spacious streetscapes.
• Reflect the rhythm of building spacing.
• Visually unify diverse types of buildings.
• Enhance the quality of industrial and business areas.

Building heights strategies

Design development so that its building scale, height and bulk complements and does not visually overwhelm surrounding buildings and the locality.

1. Council's submission finds the proposal unacceptable for reasons related to the site's context and character, built form, visual clutter and disorder having regard to relevant provisions of the planning. My decision will address these matters.
2. Council submits:
   • The strategic framework plan at Clause 02.04-1 classifies this commercial strip as a Local Activity Centre and the expected height of development is 1 and 2 storey and on rare occasion three storey. They say that it is unlikely that there will be a backdrop of higher buildings in the medium to long term.
   • It is overly dismissive to focus entirely on the robust main road context of Dandenong Road in support of the sign.
   • Whilst the main road location is a relevant consideration, the Monash Planning Scheme also requires consideration be given to how the sign relates to its host building.
   • Policy requires consideration of how a new building, or in this case, a sign, sits relative to the host and surrounding buildings.
   • Rather than following the existing pattern of built form, the proposed sign is positioned at a sharp angle that bears no relationship to the host building or those further along the commercial strip.
   • The siting of the sign is jarring and visually disruptive. It has no reference point to the host building or those along the strip.
   • The sign is incompatible with the visual appearance of the area and creates excessive visual clutter.
   • Relevant policy as follows are relied upon:[6]
     • 'Require development to respond to its context in terms of character, cultural identity and heritage, natural features, surrounding landscape and climate' [clause 15.01-1S].
     • 'Ensure that development, including signs, minimises detrimental impacts on amenity, on the natural and built environment and on the safety and efficiency of roads' [clause 15.01-1S].
     • 'Promote good urban design along and abutting transport corridors' [clause 15.01-1S].
     • 'Design signs to integrate with the architectural design, scale and construction detail of the building, premises or retail centre it is located at' [clause 15.01-1L-01].
     • 'Impacts on views and vistas: ...
       • - .... the potential to dominate the skyline' [clause 52.05-8].
     • 'The relationship to the streetscape, setting or landscape:
       • - The proportion, scale and form of the proposed sign relative to the streetscape, setting ...
       • - The position of the sign, including the extent to which it protrudes above existing buildings ...' [clause 52.05-8].
     • 'The relationship to the site and building:
       • - The scale and form of the sign relative to the scale, proportion and any other significant characteristic of the host site and host building' [clause 52.05-8].
3. Clause 52.05-8 requires consideration of:[7]

"The cumulative impact of signs on the character of an area or route, including the need to avoid visual disorder or clutter of signs".

1. Sign policy at Clause 15.01-1L-01 adopts similar policy directives as follows:[8]

"Discourage the proliferation of signs along major transport routes including roadways and railways".

1. The applicant submits:
   • Consideration of a sky sign is tied to the built form context. The issue is not whether sky signs are generally desirable, but whether, in a particular location, a sign at roof level sits comfortably within the existing building form, scale and spatial structure of the area, or whether it overwhelms or disrupts a coherent streetscape or skyline that the planning scheme seeks to protect.
   • The host building at 1897 Dandenong Road is a modest, two-storey commercial building with a simple rectangular form, flat roof and parapet. It is built to the street alignment and presents as a functional commercial structure rather than an architecturally expressive or landmark building. Other buildings onsite differ in alignment and height.
   • The planning scheme's concern with sky signs is most acute where rooflines themselves are part of the character of a street or precinct. Here, the roof performs no such role.
   • The surrounding centre reinforces the absence of a strong, unified built form character. Buildings in the immediate vicinity are predominantly one and two storeys, but they are architecturally disparate. There is no consistent style, material palette or façade rhythm.
   • The defining characteristic of this location is the wide width of the road reserve and the concentration of transport infrastructure. This has a significant effect on built form perception. The dominant spatial structure at this location is not created by buildings, but by the road network.
   • Buildings in this location are experienced individually and sequentially, rather than as part of a continuous streetscape composition. Views are typically oblique, at speed, and shaped by traffic movement rather than by pedestrian pause or architectural detail.
   • This affects how a rooftop element is perceived. The sign is not read against a carefully modulated street enclosure or a consistent façade rhythm. It is read within a large, open and visually complex field, where infrastructure, movement and signage already play a substantial role in shaping visual experience.
   • When assessed against the actual built form conditions on the ground, the proposal does not undermine a strong or coherent character. Rather, it introduces a clear, legible and controlled element within a setting that is presently visually 'loose', architecturally inconsistent and dominated by road infrastructure
   • A central theme of Council's refusal is the assertion that the proposed sign would be "dominant" within its setting. That conclusion is reached largely by reference to the sign's visibility, scale and height relative to nearby buildings. In doing so, the assessment risks conflating prominence with dominance.
   • Council places significant weight on the fact that the sign would be clearly visible from a busy intersection and would sit above predominantly low-rise development. Those observations are not disputed. However, visibility and relative height do not necessarily mean dominance.
   • Dominance is a more demanding concept. A sign is visually dominant where it overwhelms or 'rules' its surroundings, displaces the primacy of built form or landscape elements that define character, or becomes the principal organising feature of the visual environment to an unreasonable degree.
   • For motorists, views are transient and movement based. The sign is encountered alongside many large-scale elements at a complex intersection, including traffic signals, directional signage and road geometry. It does not monopolise attention or re-order the visual hierarchy of the place.
   • For pedestrians, the sign is experienced from footpaths that are well set back from the carriageway due to the width of the road reserve. Pedestrian attention at this location is necessarily focused on traffic conditions and safe crossing movements. The sign does not sit within the immediate peripheral field of vision at eye level, nor does it define or enclose pedestrian space.
   • These viewing conditions limit the potential for the sign to be perceived as visually dominant.

1. I am not persuaded by the applicant's submission the sign should be supported. In saying this, I do not have a concern with respect to the geographic location of the sign, it is its placement on top of the building and relationship to the existing buildings in the commercial strip that make it unacceptable.
2. The sign is to be located on C1Z land in a Local Activity Centre. The Planning Scheme incudes purposes and strategies with respect to signage.
3. Relevant purposes at clause 52.05 include:

To ensure signs 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.

1. Clause 52.05-8 includes relevant decision guidelines with respect to the character of the area, relation to the streetscape and setting, relationship to the building.
2. Relevant strategies at clause 15.01-1L-01 include:

Discourage the proliferation of signs along major transport routes including roadways and railways.[9]

Design signs to integrate with the architectural design, scale and construction detail of the building, premises or retail centre it is located at.[10]

Discourage major promotion signs that are inconsistent with the garden city character[11]

Discourage promotion signs particularly along arterial roads, including freeways.[12]

Support sky signs located at major entry points of large retail centres and which are designed to integrate with the architectural features of the centre.[13]

Discourage promotional advertising on sky signs.[14]

1. A relevant building height strategy at clause 15.01-2L-01 seeks development to be of a scale, height and bulk so that it complements and does not visually overwhelm surrounding buildings and the locality.
2. In this context, I have been persuaded by Council the proposed sign is unacceptable.
3. The proposed sign due to its siting and size will not acceptably integrate with the existing building. The angled siting of the sign above the roof of the building with respect to the west and south elevations combined with its projection above the façades is discordant with the form of the existing building. The discordance is accentuated by the positioning of the sign above the building and the lack of a built form backdrop. The lack of backdrop accentuates the prominence of the sign and will create an unacceptably dominant form above the host building as shown below.

1. I am not persuaded by the applicant that the buildings that comprise the commercial strip have an absence of a strong, unified built form character and are architecturally disparate. Whilst the host building and nearby commercial building may be architecturally unremarkable, that does not mean they do not have character. I find excepting the dwelling located on the corner of Clayton Road and Dandenong Road, there is a 'pattern' to the existing built form that creates a character, albeit one that is varied to include one and two storey built form. In this context, I have not been persuaded the proposed sign will acceptably integrate with the existing built form character.
2. The sign will be a clear, legible and controlled element as suggested by the applicant. However, in the context of relevant policy at clause 15.01-1L-01 that seeks signs to integrate with the architectural design, scale and construction detail of the building, I find the extent of 'independent' legibility and lack of integration with the existing built form to be unacceptable.
3. The sign will be perceived within the broader road environment including lighting, traffic lights and signage including road signs. However, the contextual contribution these elements make to the environment are limited in comparisons to the size and in particular the location of the proposed sign above the building. The broader road environment including the location and form of these built form elements and width of the road reserve do not mitigate the discordance introduced by the form and scale of the sign above the host building.
4. In this context, the proposed sign due to its siting above the host building is inconsistent with relevant purposes at clause 52.05 that seek to avoid visual disorder, and fails to acceptably respond to relevant decision guidelines that seek consideration of the positioning of the signs, including the extent to which it protrudes above existing buildings and the scale and form of the sign relative to the scale, proportion and character of the host building.
5. The commercial centre is characterised by business identification signage, with the review site currently displaying two (2) business 'Cellarbrations' signs on the first floor façade facing south (front) and to the west. There is also a green circular above verandah sign that is visible from the west.
6. The west facing signs are in the same viewshed for drivers and pedestrians traveling in a southeast direction along Dandenong Road. In this context, the display of a sign that has an approximate display area of 42.41 metres squared will add a substantial area of signage to the viewshed. I have previously found the proposed sign will dominate the existing building. In this context I find the proposed sign in combination with the existing signage will cause visual clutter when viewed from the west.
7. Further, policy guidance at clause 15.01-1L-02 seeks development to be of a scale, height and bulk that complements the host building and does not visually overwhelm surrounding buildings and the locality. The proposed sign for the reason previously discussed does not acceptably respond to this strategy.
8. Therefore, for the reasons previously discussed, I find the proposed sign does not acceptably respond to relevant strategies due to its location above the roof of the host building. The sign is discordant and not in scale with the built form of the host building and immediate locality. Similarly, due to its scale, angled siting and location above the roofline of the host building the sign will have an unacceptably dominant impact on the host building and surrounding area.
9. Therefore, I have been persuaded by Council that the sign fails to meet relevant purpose and decision guidelines found at clause 52.05, 52.05-8 and the objectives and strategies of clause 15.10-1L-01 and 15.01-1L-02.

1. Therefore, for the reasons given, I will affirm the decision of the Responsible Authority.

[1] The submissions and evidence of the parties, any supporting exhibits given at the hearing and the statements of grounds filed have all been considered in the determination of the proceeding. In accordance with the practice of the Tribunal, not all of this material will be cited or referred to in these reasons.

[3] Plan prepared by Artisan Architects, drawing TP02, dated 26 February 2025.

[4] Council submission, paragraph 21, page 6.

[5] Council submission paragraph 12, page 4.

[9] Clause 15.01-1L-01, General strategies.

[11] Clause 15.01-1L-01, Major promotion sign strategies.

[12] Clause 15.01-1L-01, Promotion sign strategies.

[13] Clause 15.01-1L-01, Sky sign strategies.

[15] Plan prepared by Artisan Architects, Drawing TP03, dated 26 February 2025.