respondent. Decision of the Responsible Authority affirmed; no permit shall issue in respect of Permit Application no. TPA/36301.
Key principles
Where local planning policy (Clause 22.08) and Category 3 controls for signage in the Residential 1 Zone (Clause 52.05-9) seek unobtrusive signage that does not erode landscaped...
An existing approved business identification sign providing clear identification and contact information may be sufficient such that additional signage is not justified where...
Local policy differentiates between encouraging vitality and colour in high order shopping centres and requiring unobtrusive, neighbourhood-character respectful signage in...
Issues before the court
Whether the three banner signs at the child care centre are permissible having regard to local planning policy and the decision guidelines for...
Whether the existing approved sign sufficiently identifies the business, rendering additional identification signage unnecessary.
Whether the banners' visual effect—colour, vibrancy and repetition—can be reconciled with residential amenity objectives.
Plain English Summary
VCAT refused retrospective approval for three banner signs at a child care centre in a Residential 1 Zone. The Tribunal found that local policy requires unobtrusive signage in residential areas, the existing approved 4.3m2 sign already provided adequate identification, and the proposed banners—sited within the landscaped front setback and with two at 3.3m high—would detract from the garden character and residential amenity. The Council's refusal was affirmed and no permit issued.
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Deep Dive
1,768 words · generated 29/06/2026
What happened
Gerard Holwell Pty Ltd applied for retrospective approval for three banner signs at its child care centre at 254 Gallaghers Road, Glen Waverley. Each banner measured 2.0m by 0.6m and was mounted on poles that also supported a shade sail. The poles are set back 4 metres from the frontage and two of the banners had a maximum height of 3.3 metres above ground level, while the central banner was lower at 2.3 metres (Information: Description of Proposal). An existing approved freestanding sign of 4.3 square metres sat adjacent to the front boundary.
Cited legislation
1 cited instrument linked from this judgment.
Monash City Council refused the permit application, asserting the banners were incompatible with the high-amenity residential character, would be obtrusive and dominant, fragmented the streetscape and contributed to visual clutter (Submissions: Council). The applicant argued the banners were sympathetic in scale and colour, aided business identification and were appropriate for a permitted non-residential use in a residential zone (Submissions: Applicant).
VCAT (Member Cindy Wilson) inspected the site, considered written and oral submissions, reviewed the Monash Planning Scheme (notably Clause 22.08 and Clause 52.05 Category 3 controls) and affirmed the Council's refusal on 30 January 2009 (Order; Reasons: Summary [1]-[3]; Conclusion).
Why the court decided this way
The Tribunal's decision rests on the Scheme's local policy objectives and the concrete impact of the banners on neighbourhood character and landscaped front setback.
Policy basis
The Monash Outdoor Advertising Policy (Clause 22.08) aims, among other things, to ensure outdoor advertising is complementary to local built form and landscape characteristics, to protect garden-city style objectives, and to ensure the amenity of residential areas is not adversely affected by signage for non-residential uses (Planning Policy and Provisions [1]-[2]).
Clause 52.05-9 (Category 3) applies to signage in high-amenity areas in the Residential 1 Zone and contains decision guidelines focusing on sensitivity of character, compatibility of the sign with existing or desired future character, cumulative impact and streetscape relationships (Planning Policy and Provisions [3]).
Application to facts
The Tribunal accepted that the existing approved 4.3m2 sign provided clear business identification and contact details. Given the policy direction to limit the extent of signage outside retail precincts, the Member concluded additional banners were not justified (Basis of Decision [2]).
Though the applicant's evidence that the banners add vibrancy was accepted in form, the Tribunal emphasised the policy distinction: vitality and colour are encouraged in high-order shopping centres, not in residential areas where unobtrusive identification is required (Basis of Decision [3]).
The physical siting of the banners was critical. The banners occupy the 4–5 metre landscaped front setback, a space that contributes to the area's garden setting. Two banners reached 3.3m, protruding above the landscape and affecting the streetscape and abutting residential properties. The Member found this incompatible with the existing and desired future character, and likely to detract from the landscaped setback (Basis of Decision [5]-[6]).
Conclusion
On the combination of policy aims and the specific impacts of the banners the Tribunal concluded the banners were inappropriate and affirmed the Council's refusal: no permit to issue (Conclusion).
Cited paragraph numbers in the decision that encapsulate these points include the finding that the banners are inappropriate (Summary [3]), the view that the existing sign suffices (Basis [2]), the rejection of 'vibrancy' as a justification in residential areas (Basis [3]), and the conclusion that the banners detract from the landscaped setback and character (Basis [5]; Conclusion).
Before and after state of the law
Before
The applicable legal framework was the Monash Planning Scheme (as it always applied): local policy at Clause 22.08 (Outdoor Advertising Policy), the zone provisions (Residential 1 Zone) and Clause 52.05 (advertising signs). These provisions already required care when authorising signage in residential localities, with Category 3 controls triggered in high-amenity areas.
After
The VCAT decision did not introduce new law or alter statutory provisions. It applied the Scheme's existing policy and decision guidelines to a specific factual matrix. Its contribution is evidentiary and precedential within the Victorian tribunal context: an example of strict application of Clause 22.08 and Clause 52.05-9 where additional signage in a landscaped front setback and of the scale proposed is found incompatible with residential character. Practitioners should note the decision as a clear statement that:
an existing approved sign that provides identification can render additional signage unjustified (Reasons: Basis [2]);
aesthetic benefits of 'vibrancy' are insufficient to overcome explicit residential amenity objectives (Reasons: Basis [3]);
signage located within landscaped front setbacks and protruding above canopy/landscape can be refused where it erodes garden-setting character (Reasons: Basis [5]).
The decision exemplifies policy-led outcomes rather than broader legal principle shifts; it reinforces tight control over signage in residential, high-amenity contexts.
Key passages with plain-English translation
"Local policy ... limits the location and extent of signage for businesses outside retail precincts ... the existing approved sign ... creates a clearly visible identification ... additional banner signs are not justified." (Basis [2])
Plain English: The planning rules say businesses outside shopping areas should only have the signs they need to identify themselves and help people find them. The child care already has a sufficiently large sign, so extra banners are unnecessary and contrary to policy.
"I agree ... the banner signs ... add vibrancy and colour ... However, that outcome is not sought in residential areas under local policy." (Basis [3])
Plain English: Even though the banners make the place look lively, the rules deliberately allow colourful signs only in shopping centres, not in residential neighbourhoods.
"I find that three additional signs located in the area set aside for landscaping ... are not respectful of the character and will detract from the landscaped setback." (Basis [5])
Plain English: Putting the banners in the garden area next to the road damages the leafy garden look that the neighbourhood is meant to keep.
"For the reasons I have set out, the decision of the Responsible Authority is affirmed and I direct that no permit is to issue." (Conclusion)
Plain English: The Tribunal agrees with Council and refuses the application.
Each of these passages ties a policy statement to the Tribunal's factual observations and forms the logical backbone of the decision.
What fact patterns trigger this precedent
This decision will be most persuasive when facts mirror the key elements found significant here:
Signage proposals in Residential 1 Zone areas classified as Category 3 / high amenity under Clause 52.05-9;
Signs located within or immediately in front of the landscaped front setback intended to maintain a garden setting;
Signs that physically protrude above the landscape canopy or are of a height that is visually prominent from the street (e.g. 3.3m banners in this case);
Multiple signs in addition to an existing approved business identification sign, raising issues of cumulative impact and possible clutter;
Non-arterial road contexts where local policy specifically aims to protect amenity along non-arterial roads (Basis [4]);
Uses that, while permitted in the residential zone (such as child care centres), must still comply with local policy seeking unobtrusive identification rather than commercial-style signage.
If a proposal lacks several of these triggers, for example, if signs are confined to the building façade and do not occupy the landscaped setback, or if no adequate existing sign is present, the outcome here may be less directly applicable.
How later courts have treated it
This VCAT decision stands as an administrative tribunal determination applying local planning policy; it is not a binding judicial precedent but will be considered persuasive in similar VCAT cases and by councils when assessing permits. The decision is heavily policy-driven rather than establishing a novel legal principle. Any subsequent tribunal or court treatment would focus on:
Whether the factual distinctions between cases are material (height, siting, cumulative signage, presence of approved identification sign);
The local planning scheme wording and whether the same policy objectives and Category 3 controls apply; and
How broadly future Members interpret 'compatibility with character' and the acceptability of 'vibrancy' in residential areas.
Practitioners should search for later VCAT decisions that cite Gerard Holwell Pty Ltd v Monash CC [2009] VCAT 126 when arguing cases about signage in residential areas; in practice, the case is most useful as an illustration of a tightly policy-framed refusal.
Still-open questions
Quantitative thresholds: The decision is fact-specific and does not establish precise numerical thresholds for when height or number of signs become unacceptable. What exact heights or aggregate sign areas will always be refused in similar contexts remains open; the decision provides reasons but no rigid formula (see Basis [5]-[6]).
Screening and landscaping remedies: The Tribunal rejected the banners despite the presence of a landscape strip. It did not evaluate whether additional or modified landscaping, lower heights, or alternative placement would have made the signs acceptable. Future cases may explore whether mitigation measures can sufficiently address policy concerns.
Differences between poles with functional uses and advertising: The banners were mounted on poles used for a shade sail. The Tribunal treated the visual impact of the banners independently of the functional use of the poles. How far integrated functional elements can justify higher or more prominent signage when the physical supports have a non-advertising purpose could be explored further.
Weight to existing unauthorised signage: The Member noted the practical advantage of being able to assess impacts because the signs already existed (Basis [1]) but nonetheless refused them. Questions remain about how the existence of unauthorised signage influences discretionary outcomes in other contexts, and whether enforcement and retrospective approval processes should be treated differently.
Road classification nuance: The decision notes Gallaghers Road is not an arterial road and applies the policy aiming to protect non-arterial residential amenity (Basis [4]). How strictly this distinction operates in other municipal schemes, where road hierarchies and policy emphases vary, could lead to different outcomes.
Practitioners preparing applications or appeals should therefore:
Rely carefully on the exact language of local policy in their municipality,
Provide robust visual impact evidence and consider mitigation (reduced heights, consolidation of signage, improved landscaping),
Anticipate that policies differentiating commercial centres from residential areas will be applied stringently, and
Use this decision as persuasive support where the facts align, while tailoring arguments to address the open questions above.
In short, Gerard Holwell Pty Ltd v Monash CC is a clear, policy-driven example of the Tribunal prioritising preservation of residential amenity and landscaped frontages over additional business identification signage, particularly where an adequate existing sign already performs the identification function (Reasons: Basis [2]-[6]; Conclusion).
Judgment (23 paragraphs)
[1]
The application is gain approval for three banner signs at a child care centre. The proposed signs are described as follows:
[2]
Each sign is 2 metres long by 0.6 metres wide and is in the form of a banner attached to a pole.
The poles are setback 4 metres from the site frontage and are used to support a shade sail over a playground area.
The height above ground level for the central sign is 0.3 metres with the two end signs being 1.3 metres above ground level. This creates a maximum height of 3.3 metres for the end signs and 2.3 metres for the central sign,
The signs include information about the childcare services offered, a telephone number and a logo.
[3]
The signs are displayed on site and the application has arisen following enforcement action undertaken by Monash City Council.
The review site is located on the eastern side of Gallaghers Road, south of Snowden Drive in Glen Waverley. A single storey 65 place child care exists on the land. The building is setback between 14 and 20 metres from the frontage and that setback area contains a car park, a play area with shade sail above and a 4-5 metre wide landscape area adjacent to the front boundary.
[9]
A sign (1.8 metres by 2.4 metres set 500 mm above ground level) containing information about the centre is located on the north side of the driveway, within the landscaped setback.
[10]
Nearby development is residential in nature comprising a mix of single and double storey detached dwellings. A primary school exists some 200 metres to the south of the review site.
[11]
Gallaghers Road serves a collector road function connecting Waverley Road to the south and High Street Road to the north.
[12]
The Tribunal inspected the review site and surrounds subsequent to the hearing.
[13]
Monash City Council (the 'Council') refused an application for the display of three banner type signs attached to existing poles at a child care centre in Gallaghers Road, Glen Waverley. Council considers the signs do not satisfactorily address the policy basis and objectives of Council's Outdoor Advertising Policy and will have a detrimental impact on the residential amenity of the area.
The applicant for review conversely submitted that the signs are consistent with local planning policy and will not detrimentally impact on residential amenity.
Having inspected the site and surrounds, considered the submissions and the applicable planning policy and provisions of the Monash Planning Scheme (the 'Scheme'), I have found that the proposed signs are inappropriate and should not be supported. I do not recite all the submissions given by the parties in setting out the reasons for my decision. All written material is retained on the Tribunal's file.
[14]
It was Council's submission that the proposed signs are inappropriate in an area identified as high amenity[1] under the Scheme and will have a detrimental impact on residential amenity. In particular it was Council's submission that:
The signs are not respectful of the surrounding treed residential neighbourhood character and will be obtrusive in that residential setting contrary to local policy.
The signs will compromise the amenity and character contribution made by the landscaped setback to the frontage.
The signs are overpowering and dominant in the residential environment due to the height above landscaping and location near the front of the property.
The repetitive nature of the signs results in fragmentation of the streetscape.
The three signs together with the existing sign results in visual clutter.
Mr Howell argued that the proposed signs would not be inappropriately intrusive in the residential context based on the following:
The signs will add vibrancy and colour to a child care centre located in a residential zone.
The signs are sympathetic to the surrounds in terms of scale, colour and siting.
The signage is directly related to identifying the business on the land in accordance with local policy noting that the Council Guidelines for Child Care Centres specifically acknowledge that a child care centre needs to promote itself by the use of advertising signage.
The use is permitted in a residential zone and there is an expectation that signage associated with such use will not be typical of that experienced in a residential area. This does not translate to obtrusive or detrimental.
The setback of the signage and the visual screening provided by the adjoining developments limits the impact of the signs on the appearance of the streetscape.
The location of the signage behind the landscape strip means there is not adverse impact on that landscaping or the garden character of the area.
[15]
The Outdoor Advertising Policy at Clause 22.08 of the Scheme includes objectives as follows:
To facilitate advertising signs that provide appropriate and effective identification of businesses and other land uses.
To ensure that outdoor advertising is sited and designed in a manner that is complementary to the built form and landscape characteristics of the locality and supports the garden city objectives of the municipality.
To identify signage types appropriate to different land use and development circumstances.
To achieve outdoor advertising outcomes appropriate to the hierarchy of business centres in the municipality and to encourage a consistent theme for business identification signs within each centre.
To provide for identification signs that add vitality and colour to high order shopping centres in accordance with this policy.
To ensure that the amenity of residential areas is not adversely affected by the provision of outdoor signage for non-residential uses, particularly along non-arterial roads.
To facilitate advertising signs that provide appropriate and effective identification of businesses and other land uses.
This local policy states that where a permit is required to display a sign it is policy to: (as relevant to this application):
limit the location and extent of signage for businesses outside retail precincts to that which identifies the business and provides necessary directional information;
ensure that signage in residential neighbourhoods is unobtrusive;
ensure that the amenity and area character contribution made by landscaped setbacks is not eroded by signage.
Category 3 of Clause 52.05-9 of the Scheme applies to advertising signage in the Residential 1 Zone and its purpose is to ensure signs in high amenity areas are orderly, of good design and do not detract from the surrounding area. A business identification sign is subject to permit in Category 3 and there are a number of relevant decision guidelines at Clause 52.05-3 including:
[16]
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.
[17]
The relationship to the streetscape, setting or landscape:
[18]
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.
[19]
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.
[20]
The need for identification and the opportunities for adequate identification on the site or locality.
[21]
I am not persuaded that the signs are acceptable for the site and I have reached this position following consideration of the relevant policy and provisions of the Scheme, the written and oral submissions of the parties and my view of the signs on the site. I do not condone the display of signs without the required approval, but I note that the existence of the signs on the site provides the advantage of allowing an assessment of their impacts.
Local policy relating to advertising signs seeks to limit the location and extent of signage for businesses outside retail precincts to that which identifies the business and provides necessary directional information. I consider the existing approved sign with a size of 4.3 square metres located adjacent to the front boundary creates a clearly visible identification of the business and includes necessary information to contact the business. In the context of a specific policy direction to limit the extent of signage I consider that additional banner signs are not justified.
I agree with Mr Holwell that the banner signs at varying heights and in different colours add vibrancy and colour to the review site and the area generally. However, that outcome is not sought in residential areas under local policy. Vitality and colour created by signs is specifically encouraged in high order shopping centres under local policy but unobtrusive identification signs respectful of neighbourhood character are expressly sought in residential areas.[2]
Gallaghers Road is not an arterial road and local policy aims to ensure that the amenity of residential areas along non-arterial roads is not adversely affected by the provision of outdoor signage for non-residential uses. I consider that the additional signs for this business unnecessarily detract from the amenity of the surrounding residential area in terms of visual appearance.
Local policy seeks to ensure that signage is compatible with the character of the area in which it is proposed to be located and does not erode the character contribution made by landscape setbacks. The character of the area is residential comprising generally single dwellings in garden settings with generous front setbacks. The child care centre development has been respectful of this setting in providing a 4-5 metre landscape setback from the frontage. I find that three additional signs located in the area set aside for landscaping and in a residential area with a strong garden setting are not respectful of the character and will detract from the landscaped setback.
[22]
For the reasons I have set out, the decision of the Responsible Authority is affirmed and I direct that no permit is to issue.
[23]
[1] Category 3 - High amenity areas at Clause 52.05-9 applies to advertising signage in the Residential 1 Zone
Parties
Applicant/Plaintiff:
Gerard Holwell Pty Ltd
Respondent/Defendant:
Monash CC [2009] VCAT 126
Legislation Cited (1)
Environment Act 1987
Cases Cited (1)
Gerard Holwell Pty Ltd v Monash CC [2009] VCAT 126 (30 January 2009)
AI Analysis
Outcomerespondent
Disposition:
Decision of the Responsible Authority affirmed; no permit shall issue in respect of Permit Application no. TPA/36301.
I am not satisfied that the signage is appropriate having regard to the purpose of Category 3[3] and relevant decision guidelines. I say this for the following reasons:
The character of the area is residential with dwellings in garden settings and the future character is identified[4] as including a large number of native trees providing an overhead canopy visually unifying the diverse built form. I am not persuaded that three banner signs with two at a height of 3.3 metres are compatible with this character.
The scale and form of the signs relative to the residential streetscape will, in my opinion be intrusive and detract from the appearance of the area, particularly in a mid-block location with direct abuttal to residential properties.
I consider that the existing approved sign in the front setback provides adequate identification of the business.