All to the satisfaction of the Responsible Authority.

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.
2. The sign, including its structure as shown on the endorsed plan, must at all times be maintained in good order and condition, to the satisfaction of the Responsible Authority.
3. Sign lighting must be designed, baffled, acoustically treated and located to prevent any unreasonable adverse effects on the amenity of the area to the satisfaction of the Responsible Authority.
4. The electronic sign must incorporate:
   • (a) Photocells (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;
   • (b) Technology that enables the luminance of the sign to be set to a maximum luminance level
   • (c) A control system that will record no less frequently than every 5 minutes:
     • (i) The sign's luminance (cd/m² or as a percentage of its maximum luminance); and
     • (ii) The sign's photocell (light sensor) reading of the ambient light.
     • (iii) Records must be maintained for a minimum of 3 months
5. After the construction, but prior to the operation/use of the sign, the light intensity output/luminance must be set to a maximum level determined to the satisfaction of the Responsible Authority. The maximum levels must be being the following levels unless otherwise approved in writing by the responsible authority:

Morning Twilight, Evening Twilight and inclement weather

1. Within 14 days of commencement of the display of the electronic sign a report from an appropriately qualified lighting technician must be submitted to the Responsible Authority confirming that the sign luminance has been set to a maximum of the required levels in condition 5.
2. 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 condition
3. Records of the sign's luminance levels must be retained by the applicant for a period of 3 months after the recordings were made and provided upon request to the Responsible Authority.
4. The rear of the sign must be finished/clad and present a well-maintained appearance to the satisfaction of the Responsible Authority.

1. No advertisement or image 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:
   • (a) Sequences of images giving the illusion of continuous movement must not be displayed.
   • (b) 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.
   • (c) Images or text capable of being mistaken for an instruction to a road user must not be displayed.
   • (d) Flashing background, flashing text or flashing images must not be displayed.
4. The sign must not dazzle or distract road users due to its colouring.
5. The luminance of the sign must be such that does not give a veiling luminance to the driver, of greater than 0.25cd/m2 throughout a driver's approach to the advertising sign.
6. 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.
7. The permit expires 15 years from the issue date, at which time the sign and all supporting structures must be removed and the site made good to the satisfaction of the Responsible Authority.

[1] The manufacturer's specifications state that the sign's display is 5.85m by 15m.

1. [2] The DDO13 seeks to protect vistas from the Shrine of Remembrance. The overlay does not include any provisions in respect to signs and I am satisfied that no permit is required pursuant to the overlay control.

[3] Material in Mr Westmore's tabled historical analysis demonstrates that there were no signs on the subject site in this location in 1983, but that it appears signs were erected in the later 1980s.

[4] 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.

[6] Look Outdoor Advertising Pty Ltd v Port Phillip CC & Ors [2013] VCAT 930

[7] This proposal is currently before the Responsible Authority.

[8] Look Outdoor Advertising Pty Ltd v Port Phillip CC & Ors [2013] VCAT 930

[9] Clause 21.06 does provide some limited assistance.

[10] At the hearing I noted that there may some discrepancy between the endorsed plans accompanying the existing permit 428/2009 and the "as built" sign. The permit applicant confirmed that the new sign would be constructed to the height of the "as built" sign (35.71 AHD).

[11] See for example APN Outdoor (trading) Pty Ltd v Glen Eira CC & ors [2013] VCAT 1397 and Crown Melbourne Limited v Minister for Planning [2015] VCAT 718