1. The location, size and material of construction of the sign shown on the endorsed plans must not be altered or modified without the prior written consent of the Responsible Authority.

1. dazzle or distract drivers due to its colouring; 2. be able to be mistaken for a traffic signal because it has, for example, red circles, octagons, crosses or triangles; or

1. be able to be mistaken as an instruction to drivers.
2. In relation to the images displayed on the sign:

1. any one image must be presented in a completely static manner with no animated of moving style advertising or messages; 2. word displayed on the sign must not extend any further south-east than 10 metres from the north-west corner of the sign panel;

1. the dwell time for each image must be no less than 30 seconds;

1. transition between each image must be instantaneous; and 2. the sign must not be used for any live television, satellite, internet or similar broadcast

all to the satisfaction of the Responsible Authority.

VicRoads conditions

1. No advertisement may be displayed for less than 30 seconds.
2. The transition from one advertisement to another must be instantaneous.
3. 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. word displayed on the sign must not extend any further south-east than 10 metres from the north-west corner of the sign panel; and 2. 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.
3. The luminance of the advertising sign must be such that it does not give a veiling luminance to the driver of greater than 0.25cd/m2 throughout the driver's approach to the advertising sign.
4. Prior to the commencement of the construction of the advertising sign, a lighting report from a suitably qualified lighting engineer demonstrating how the lighting output prescribed at Condition 15 will be achieved must be provided to the Roads Corporation for approval. When approved, the report will form part of the planning permit and the sign must at all times operate in accordance with the report.
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 is to shut down and cease any form of visual output until the malfunction is repaired.

1. The sign must be designed, baffled and located to the satisfaction of the Responsible Authority to prevent any adverse effect on surrounding land, including the public realm.
2. The sign must be fitted with automatic ambient light condition sensors to control light intensity output/luminance to the satisfaction of the Responsible Authority.
3. The sign must incorporate:

1. Photocell or light 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 10 minutes: * The sign's luminance (cd/m2 or as a percentage of its maximum luminance); and * The sign's luminance sensor reading of the ambient light

all to the satisfaction of the Responsible Authority

1. After the construction, but prior to the operation/use of the sign, the light intensity output/luminance must be set to a maximum level as outlined within the Lighting Impact Assessment prepared by Electrolight Australia Pty Ltd dated 16 June 2015. The maximum levels must be set for the following times:

all to the satisfaction of the Responsible Authority.

1. Once installed and commissioned, the electronic sign must be set to operate so that at all times the luminance of the sign will automatically adjust relative to the maximum light level as determined by the condition above to the satisfaction of the Responsible Authority.
2. Records of the sign's luminance levels must be retained by the applicant for a period of 6 months after the recordings were made and provided upon request to the Responsible Authority.
3. The maximum illumination level of the sign must not exceed 4 lux as measured from a vertical plane from any nearby accommodation use during night time operation without the prior written consent of the Responsible Authority.
4. The Responsible Authority, with just cause, may at any time request lodgement of a Lighting Report, prepared by a suitably qualified lighting consultant. The report must be to the satisfaction of the Responsible Authority and identify all potential attenuation work required to address any light emission issues and to comply with AS4282-Control of the Obtrusive Effects of Outdoor Light and/or any other relevant policy or regulation. The recommendations of the report must be implemented by the applicant and at no cost to the satisfaction of the Responsible Authority.

1. The sign, including its structure as shown on the endorsed plan, must at all times be constructed and maintained in good order and condition, to the satisfaction of the Responsible Authority.
2. Permit Expiry
3. This permit expires 15 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.
4. This permit will expire if one of the following circumstances applies:
   1. The development is not started within two years of the issued date of this permit.
   2. The development is not completed within four years of the issued date of this permit.
5. In accordance with Section 69 of the Planning and Environment Act 1987, an application may be submitted to the responsible authority for and extension of the periods referred to in this condition.

[1] 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.

[2] Identified as 'animated signs, sky signs, panel signs, major promotion signs, pole signs, bunting signs, inflatable and blimp signs, high wall signs, and V-board signs'.

[3] [2012] VCAT 1700.

[4] In Manion & Anor v Monash CC [2012] VCAT 1052

[5] See page 9 of his Statement of Evidence.

[6] Drawing No 3 Revision C dated 17/3/2016.

[7] (includes Summary) (Red Dot) [2011] VCAT 1341.

[10] Being the west leg of Doncaster Road, described at paragraph 37.

[17] In section 4.2.1 of her Statement of Evidence.

[18] Austroads, Impact of Roadside Advertising on Road Safety, Research Report AP-R420-13 (January 2013) at p.41.

[19] (includes Summary) (Red Dot) [2013] VCAT 385

[20] Ms Dunstan's Statement of Evidence, Section 5.2 at page 24.

[21] Mr Freeman's submission at paragraph 38.

[23] J Wachtel, PowerPoint presentation to the Annual NAHBA Conference, Branson Missouri, August 10, 2009 Slide 7.

[24] J Wachtel, PowerPoint presentation to ASHTO SCOTE, Manchester, New Hampshire, June 16, 2009 Slide 9.

[25] Page 14 of her Statement of Evidence.

[26] Page 15 of her Statement of Evidence.

[28] Financial, Economic and Statistical Analysis, Ministry of Transport, 2012, 'Yearly Report 2013 - Motor Vehicle Crashes in New Zealand 2012 New Zealand Ministry of Transport.

[30] Lee, S.E., McElheny, M.J. and Gibbons, R. 2007 Driver Performance and Digital Billboard: Final Report Prepared for Foundation for Outdoor Advertising Research and Education.

[31] Crundell, C, Van Loon, E and Underwood, G 2006 Attraction and distraction of attention with roadside advertisements, Accident Research Unit, School of Psychology, University of Nottingham, Nottingham, UK.

[32] See page 21 of her Statement of Evidence.