Victorian Civil and Administrative Tribunal|2020-10-20

The applicant requested a 25 year expiry, which is possible under the Major promotion signs considerations at clause 52.05-9, Mandatory conditions. I find there was no compelling submissions put forward in respect of this and that given the core issue was traffic safety, this can be reviewed at the standard time of 15 years.
There was also dispute about a condition that DoT had sought to include that would restrict the average level of luminance change between images to a maximum of 30%. Firstly, it is unclear as to why this is an average if it were to control the luminance between images. However, a lighting impact report was prepared which also referenced the Australian Standard AS 4282-1997, 'Control of the obtrusive effects of outdoor lighting'. Neither this report nor the Australian Standard appended to it include any requirement for such a requirement. I have therefore not included this condition.

For the reasons given above, the decision of the responsible authority is set aside. A permit is granted subject to conditions.

The sign(s) permitted by this permit as shown on the endorsed plan(s) and/or described in the endorsed documents must not be altered or modified (for any reason) except with the prior written consent of the Responsible Authority.

No image may be displayed on the electronic sign for less than 30 continuous seconds.
The sign must operate in accordance with the lighting impact report submitted with the application prepared by Visual Technologies, dated 29 October 2019 to the satisfaction of and at no cost to the Head, Transport for Victoria and the Responsible Authority.
The signs must be dimmable and have a suitable control system to enable maximum lighting levels to be set or adjusted if deemed necessary by the Responsible Authority and the Head, Transport for Victoria.
Where illuminated during the day, the sign must be fitted with Photocell/s (light sensor/s) that measure the ambient light and control system technology that enables the luminance of the sign to automatically adjust relative to the measured ambient light level.
Any change to brightness levels must be applied during an image transition, not while an image is being displayed.
The operator must keep a Compliance Record of the operation of the sign. This must be provided to the Head, Transport for Victoria within 5 days of a written request. The Compliance Record must include:

(a) The sign's luminance (cd/m² or as a percentage of its maximum luminance) in minimum 10-minute intervals.

(b) The sign's photocell (light sensor) reading of the ambient light in minimum 10-minute intervals.

Compliance Records must be maintained for a minimum of 12 months.
The transition between images must be instantaneous.
The advertising content of the sign must not:

(a) Consist of more than one static image at a time.

(d) Contain or consist of images which are capable of being interpreted as projections beyond the face of the advertising screen, such as through the use of 3D technology.

(e) Contain or consist of video, movie or television broadcasts.

(f) Contain or consist of present-time or other contemporary update information such as relating to news, weather or time.

(g) Contain any flashing, blinking, brightening or fading elements that create the illusion of movement or change.

(h) Be capable of being mistaken for a traffic signal or a traffic control device. This includes the use of red, amber or green circles, octagons, crosses or triangles.

(i) Be a traffic instruction, or be capable of being mistaken as, an instruction to a road user. This includes the use of the wording stop, give way, slow, turn left or turn right.

The sign and advertising content must not dazzle or distract road users' due to its colouring or content.
A report must be kept of all images displayed on the sign for up to one year and made available upon request of the Responsible Authority or the Head, Transport for Victoria.
The sign and any displayed advertisement must not include ancillary extension, embellishment or accessorisation within or outside the permitted advertising area, unless the Head, Transport for Victoria has agreed in writing, prior to installation.
The use of sound or motion to activate the sign is not permitted.
The use of sound to interact with any road user is not permitted.
The advertising sign must shut down and cease any form of visual display (and must remain in shut down mode until the issues are resolved), in the event of:

(a) an attack by a computer hacker, virus or similar resulting in the unauthorised display of visual images or messages.

The sign(s) permitted by this permit must be maintained in good condition to the satisfaction of the Responsible Authority.

The major promotion sign as permitted by this permit will expire 15 years from the date this permit is issued. The expiry date must be annotated on the bottom right corner of the sign.

[1] The submissions and evidence of the parties, any supporting exhibits given at the hearing and the statements of grounds filed have all been considered in the determination of the proceeding. In accordance with the practice of the Tribunal, not all of this material will be cited or referred to in these reasons.

[3] Pursuant to clause 66.03 of the scheme.

[5] Source: Council's submissions, paragraph 8.

[6] Image taken from Mr Hodges evidence.

[7] Image taken from Mr Hodges evidence.

[8] Image taken from Mr Hodges evidence.

[9] Image taken from Mr Hodges evidence.

[10] Maple Media Pty Ltd v Greater Dandenong CC [2020] VCAT 46 (Maple Media)

[12] AustRoads Research Report (AP-R420-13)

[13] Young K, Stephens A, Logan D & Lenne M (2015). 'An On-Road Study of the

Effect of Roadside Advertising on Driving Performance and Situational Awareness',

Environment Act 1987

Maple Media Pty Ltd v Wyndham CC [2020] VCAT 1171 (20 October 2020)

Maple Media Pty Ltd v Wyndham CC [2020] VCAT 1171

At a glance

Court

Decision date

Source

Judgment (33 paragraphs)

Parties

Legislation Cited (1)

Cases Cited (1)

Maple Media Pty Ltd v Wyndham CC [2020] VCAT 1171 (20 October 2020)