1. The decision of the Responsible Authority is set aside.
2. In permit application 428/2009 a permit is granted and directed to be issued for the land at 3 Wellington Street, St Kilda, in accordance with the endorsed plans and subject to the conditions set out in Appendix A. The permit allows the display of two floodlit major promotions signs.

Mr C Canavan QC, and Ms E Porter Barrister, instructed by Tisher Liner and Co Lawyers.

• Mr A Rodda, Town Planner of Contour Consultants; and
• Ms R Hansen, Town Planner of Hansen Partnership

3 Wellington Street has a backwards "L" shape with frontages to Punt Road, Wellington Street and Nelson Street. It contains two floodlit major promotional signs on the rooftop of the existing building. One of the signs faces northwest and the other sign faces southwest. These signs have been in existence since obtaining planning permission in the 1980s, but signage has existed at this site and surrounds since at least the 1930s.

This proposal seeks to continue the display of the two existing signs on the rooftop of the building on the subject land. The sign adjacent to Nelson Street has dimensions of 6m by 15m and the sign adjacent to Punt Road and Wellington Street has dimensions of 6m by 15.5m. Both signs are floodlit from below and are static.

Section 77 Planning and Environment Act 1987

Clause 34.02-6 and Clauses 52.05-1 & 52.05-8 to display Major Promotion Signs in B2Z

1. This is an application to review the decision by Port Phillip City Council ('the Council') to refuse to grant a permit for the continued display of two existing floodlit major promotions signs above the existing building at 3 Wellington Street, St Kilda.

1. The parties were advised orally of the reasons for my decision at the end of the hearing and a summary of these reasons follows.
2. Signs have existed on this site going back to the 1930s and 1960s. Overall, St Kilda Junction has hosted prominent advertising signage for many decades. I agree with Member Rickards (as she was then) that "signage at St Kilda Junction is and has been historically a key part of this intersection and could be described as part of its character"[1].
3. Clause 52.05 nominates this area as a "low limitation" area for signage, and major promotional signs are specifically encouraged in commercial locations such as this, where they compliment or enhance the character of the area.
4. I agree with the case put by the applicant that the Outdoor Advertising local planning policy at clause 22.08 is generic and not mandatory. There is no specific recognition (whether positive or negative) of St Kilda Junction in this policy. I agree with Mr Canavan it is appropriate to give this policy less weight in this case because the signs add colour and life that contribute to the character and urban culture of St Kilda Junction. I also agree with Mr Rodda and Ms Hansen that it is appropriate to give less weight to the local planning policy because of the clear achievement of the locational principles in clause 52.05-6 and the compliance of the proposed signs with the decision guidelines of clause 52.05.
5. In regard to the urban culture and character of St Kilda Junction, Ms Hansen referred to these signs as key urban elements that seek to energise and activate the junction beyond its primary role as a significant traffic node. A node which Mr Canavan described as a stark, soulless traffic sewer. I agree with Mr Canavan the signs continue to be one of the few positive contributions to the urban culture and character of St Kilda Junction. I agree with Mr Rodda all of the existing major promotional signs (which includes more than just the two signs before me today) do not create visual clutter.
6. Finally, I note this site is some distance from the nearest residentially zoned land. I agree with Mr Canavan it is extraordinarily difficult to say these signs have a detrimental impact on residential amenity, particularly as the site and surrounding land is zoned Business 2.
7. For these reasons, I will set aside the Council's decision and direct that a permit be issued subject to modified conditions from those suggested by the Council, having regard to the submissions made by Mr Canavan and Ms Clinch about the appropriateness of the draft permit conditions.

The display of two floodlit major promotions signs in accordance with the endorsed plans.

The permit must contain the following conditions:

1. Within two months of the date of this permit, 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 two copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show:

(b) The words "not included" for the video sign facing Punt Road on plan and elevation.

All of the details required above are to be to the satisfaction of the Responsible Authority.

1. The structure of the signs as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.
2. All signs must be constructed and maintained to the satisfaction of the Responsible Authority.
3. The sign must not be illuminated by any additional external lights other than those shown on the endorsed plans except with the written consent of the Responsible Authority.
4. Signs must not contain any flashing light.
5. The sign 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.

(a) Shall not be animated, dynamic, flashing or reflective.

(b) Any lighting shall be installed and maintained to ensure there is no glare towards motorists, or any spillage of light onto the roadway, accordingly, the luminance of the advertising signs must be such that it does not give a veiling luminance of greater than 0.25sd/sqm throughout the driver's approach to the advertising signs.

(c) Any advertising copy shall satisfy the VicRoads 10 Point Safety Check List.

1. This permit, as it relates to signage expires 25 years from the date of this permit.

[1] Octopus Media Pty Ltd v Port Phillip CC [2005] VCAT 2786