Maple Media Pty Ltd v Monash CC [2019] VCAT 79 (17 January 2019)

1. Apart from the general description of the garden-city character of this municipality, the subject site is not located within or proximate to any identified significant or valued place, building or area. Indeed, the subject site is a stand alone, commercial pocket of land. The subject site is visually separated from its surrounds by the major road network which abuts all its edges (being either Jacksons Road, Police Road or the Monash Freeway). Furthermore, the proposed signs are positioned to visually relate to the Monash Freeway corridor, and they do not have a direct visual relationship with either the Jacksons Road or Police Road streetscapes. In other words, the proposed signs are not designed and sited to be a part of the surrounding neighbourhood.
2. It is also noteworthy that the Council accepted that the proposed signs do not impact on any existing residential areas. Lastly, this is not a case where either visual clutter or signage proliferation is an issue, as there are no existing signs in the immediate vicinity of the 'host' building.
3. It is important that the proposed signs are not sited and designed to be part of, or be seen from within, the Jacksons Road or Police Road streetscapes. As I have already highlighted, they are designed to be seen from within the Monash Freeway corridor. This distinguishes the proposed signs from the two Tribunal decisions referred to by Council where major promotion signs were not supported by the Tribunal. These cases are: Australian Leisure and Hospitality Group Pty Ltd v Monash CC [2015] VCAT 1353 (at 657-673 Warrigal Road, Chadstone); and Australian Leisure and Hospitality Group Pty Ltd v Monash CC [2015] VCAT 1034 (at 539-559 Springvale Road). In both of these cases the proposed signs were intended to be integrated within the streetscape of a major road, rather than the more physically isolated freeway corridor as proposed here.
4. There was one Tribunal case referred to by Council which was for a major promotion sign designed to be read from within the Monash Freeway corridor (Drive By Developments Pty Ltd v Monash CC [2017] VCAT 1889). This case related to the nearby Waverley Gardens shopping centre (located on the north-west corner of Jacksons Road and Police Road). In contrast to the proceeding before me, VicRoads opposed the Waverley Gardens signage on safety grounds and called an expert traffic engineer to give evidence who supported VicRoads' position. It is also relevant that the Tribunal in this case, agreed that, in principle, freeway corridors are generally appropriate locales for major promotion signs.
5. In this case, VicRoads do not object to the proposed signs, and the Council's case does not have the benefit of any expert traffic evidence. I therefore consider that the proposed signs will not have any detrimental impact on driver safety.
6. The Clause 52.05-8 decision guidelines do require a consideration of any visual impact on 'landscaped sections of freeways'. None of the other locations identified in the Clause 52.05-8 major promotion signs decision guidelines (such as scenic routes, open space reserves, heritage places, areas with a 'strong built form character', etc.) are relevant to the subject site and surrounds. Currently the subject site (including the 'host' building) abuts a grassed section forming part of the Monash Freeway corridor. The freeway corridor in this location is part of the Monash Freeway Upgrade Project Stage 2. As part of this project it is currently proposed to plant some additional 'large native trees' in the existing grassed buffer area. The proposed tree copse is located approximately 30 metres north of the 'host' building. A proposed landscape plan prepared for VicRoads showing this additional planting was tabled by Mr Gilfedder. I do not consider this proposed planting to be a reason to reject the proposed signage. In any event, the permit has a 15-year permit expiry, beyond which the potential impact of any future landscaping can be appropriately assessed.