Victorian Civil and Administrative Tribunal|2014-10-20

For the reasons explained above, the decision of the Responsible Authority is set aside. A permit is issued subject to conditions.

The location, details and degree of illumination of the sign shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.
The site must not contain any flashing, animated or moving light or changing light colour.
External sign lighting must be designed, baffled and located so that no direct light is emitted beyond the boundaries of the site so as to prevent any adverse effect on adjoining land or adverse spillage of light onto the roadway, all to the satisfaction of the Responsible Authority.
The sign must be constructed to the satisfaction of the Responsible Authority and maintained to the satisfaction of the Responsible Authority.
The sign must be located wholly within the boundary of the land.
The sign and its displayed image 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.
This permit will expire if the sign is not displayed within two years of the date of this permit. The Responsible Authority may extend the period referred to if a request is made in writing before the permit expires or within six months afterwards.

No part of the proposed sign is permitted on SPI PowerNet's easement (E26 on Plan of Subdivision 701319H).

[1] I have considered the submissions of the parties, all the written and oral evidence, all the exhibits tendered by the parties and the statements of grounds filed. I do not recite or refer to all of the contents of those documents in these reasons.

[4] There was some discussion at the hearing about how the proposal should be defined in accordance with the Outdoor Advertising Terms in clause 73. It is both a major promotion sign and a floodlit sign. It is not a pole sign, as it is defined as (amongst other things) a sign that is no more than 7m above the ground and with an advertising area not exceeding 6m2.

[8] As depicted on the map in clause 21.03. The main focus of the Precinct is the land to the south of Ferntree Gully Road, between Stud Road and EastLink.

[9] Clause 21.07. The main focus of the Precinct is the land to the south of Ferntree Gully Road, between Stud Road and EastLink.

[12] Evans v Mornington Peninsula SC (Red Dot) [2014] VCAT 1178.

[13] IOM Pty Ltd v Knox CC [2013] VCAT 1556 at [10].

[14] Member Taranto in IOM Pty Ltd v Knox CC & Ors [2012] VCAT 1447 at [22] citing Kings Funeral Services Pty Ltd v Greater Dandenong CC (Red Dot) [2008] VCAT at [23].

[15] IOM Pty Ltd v Knox CC & Ors [2012] VCAT 1447 at [29].

[16] IOM Pty Ltd v Yarra Ranges SC & Ors [2013] VCAT 1092 at [23].

iOM Pty Ltd v Knox CC [2014] VCAT 1315 (20 October 2014)

Wyndson Pty Ltd v Kingston CC [2000] VCAT 699.

Kings Funeral Services Pty Ltd v Greater Dandenong CC (Red Dot) [2008] VCAT 487.

Caption Pty Ltd v Melbourne CC [2009] VCAT 1967.

IOM Pty Ltd v Knox CC & Ors [2012] VCAT 1447.

IOM Pty Ltd v Yarra Ranges SC & Ors [2013] VCAT 1092.

IOM Pty Ltd v Knox CC [2013] VCAT 1556.

iOM Pty Ltd v Knox CC [2014] VCAT 1315

At a glance

Court

Decision date

Source

Judgment (12 paragraphs)

Parties

Cases Cited (7)

iOM Pty Ltd v Knox CC [2014] VCAT 1315 (20 October 2014)