1. In application P591/2025 the decision of the responsible authority is set aside.
2. In planning permit application TP-64-2024 a permit is granted and directed to be issued for the land at 7 Ballarat Road Hamilton VIC 3300 in accordance with the endorsed plans and the conditions set out in Appendix A. The permit allows:

Construct or put up for display a sign in Section 2 of Clause 52.05-11 - Category 1 - Commercial areas (Electronic Promotion Sign)

Mr Peter Jewell, Town Planner from Jewell Partnership Pty Ltd

Mr James Course, representative of the applicant observing

Construct and display an electronic promotion sign.

Application under section 77 of the Planning and Environment Act 1987 (Vic) - to review the refusal to grant a permit.

Clause 52.05-2 a permit is required to construct and put up for display a sign in section 2 of Clause 52.05 - 11 - 'Category 1 - Commercial Areas' designated as 'Minimum limitation' for an electronic promotion sign.

Clauses 02.03, 11, 12, 15, 34.01, 52.05, 65 and 71.02,

The subject land is located on the north-west corner of Ballarat Road and Joseph Street within the township of Hamilton. It has an area of 2,279 square metres and is developed with a commercial/industrial building and associated open car park and delivery area. The building is currently used for cabinet making and a showroom.

The subject land adjoins the Grange Burn waterway reserve to the west that provides an open space loop that links up with Lake Hamilton to the north. The surrounding area is industrial in character bordering on the Ballarat Road which is a major arterial road into the central area of Hamilton.

1. I delivered reasons for my decision orally following the conclusion of the hearing and after I had conducted an inspection of the site. These are the reasons for the decision.
2. This is an application by Regional Billboard Co Pty Ltd ('applicant') to review the decision of the Southern Grampians Shire Council ('Council') to refuse permission in relation to permit application no. TP-64-2024 on 28 May 2025 for the construction and display of an electronic promotion sign ('the sign') at 7 Ballarat Road, Hamilton ('site') and as shown in Figures 1, 2 and 3.
3. Under Clause 73.02 relating to 'Sign Terms', an electronic sign is defined as 'A sign that can be updated electronically. It includes screens broadcasting still or moving images.' A promotion sign is defined as 'A sign of less than 18 square metres that promotes goods, services, an event or any other matter, whether or not provided, undertaken or sold or for hire on the land or in the building on which the sign is sited.'

Figure 1: Perspective of proposed sign looking west.

1. Council provided the following summary of the proposal:
   • The sign has a total display area of 16.16 square metres (sqm) with a width of 8.0m, height of 2.0m and a depth of 1.0m.
   • The sign is erected on two supporting pylons, setting the sign face itself 3.98m off the natural ground level, and an overall height of 6.0m.
   • One corner of the sign abuts the front boundary, and the sign is angled away from Ballarat Road by 35 degrees.
2. Council's grounds of refusal generally relate to the proposal being inconsistent with the provisions and policy of the Southern Grampians Planning Scheme ('planning scheme'), contrary to the purpose and guidelines of Clause 52.05 relating to 'Signs' and does not represent an orderly planning outcome for the area.
3. The proposal was referred to the Head, Transport for Victoria who advised that it had no objection to the proposed sign subject to conditions.
4. The applicant's position was that the proposal has been designed to achieve a respectful response and acceptable outcome to the requirements and policy of the planning scheme and the physical context of the site and surrounds.
5. I have been provided with a detailed description of the site and its environs, the proposal, the planning scheme provisions and applicable policies. I have also inspected the site before the hearing. It is not necessary for me to repeat that material other than to record that:
   • The site is located on the north-west corner of Ballarat Road and Joseph Street within the township of Hamilton and is what Council describes as forming part of the gateway to the city centre.
   • The site has an area of 2,279 square metres and is developed with a commercial/industrial building and associated open car park and delivery area. The building is currently used for cabinet making and a showroom.
   • The site is in a pocket of commercially zoned land with an industrial character that is bordered to the west by the Grange Burn waterway and reserve, to the north by Lake Hamilton and to the east by parkland associated with Lake Hamilton with Ballarat Road, a major arterial road, to the south and residential development and tourist accommodation and caravan park further south.
   • Land on the west side of the Grange Burn waterway and reserve is also commercially zoned.
   • The site and area on the north side of Ballarat Road is in the Commercial 1 Zone ('C1Z'). Land to the south across the Ballarat Road is in a General Residential Zone ('GRZ') while the Grange Burn waterway and reserve are in the Public Park and Recreation Zone ('PPRZ').
   • Under Clause 34.01-9 signs in the C1Z are identified as Category 1 for the purposes of Clause 52.05. Clause 52.05-11 relating to 'Category 1 - Commercial areas' refers to 'Minimum limitation' with the purpose of providing for identification and promotion signs and signs that add vitality and colour to commercial areas. An electronic promotion sign requires a permit under Clause 52.05-2.
6. I have had the benefit of submissions from Mr Oatley for Council and Mr Jewell for the applicant and have considered their respective submissions. I also note numerous Tribunal decisions have been referred to in submissions. Although I have not referred to them specifically, they are on the Tribunal's file, and I have considered them where relevant.
7. With this matter, I must decide whether the proposal will produce an acceptable outcome having regard to the relevant policies and provisions in the planning scheme. Net community benefit is central in reaching a conclusion. Clause 71.02 - 'Integrated Decision Making' of the planning scheme requires the decision-maker to integrate the range of policies relevant to the issues to be determined and balance conflicting objectives in favour of net community benefit and sustainable development for the benefit of present and future generations.
8. With this proposed sign I must decide whether a permit should be granted and, if so, what conditions should be applied.
9. Having considered all submissions presented with regards to the applicable policies and provisions of the planning scheme and from my inspection, I find I am generally in agreeance with the applicant. I find the proposed electronic promotion sign represents an acceptable outcome.
10. Council says the site is located at the eastern gateway to Hamilton's city centre. It says the Hamilton Structure Plan and the Hamilton City Centre Urban Design Framework shown in Clause 11.03-6L identify the site as being in a gateway location, in proximity to the open space and 'green loop' which follows the Grange Burn waterway corridor. This corridor is environmentally significant in the context of the urban township of Hamilton.
11. As a result, Council says it is important to consider the visual impact the sign will have because of its location adjoining the Grange Burn waterway reserve. It references policies under Clauses 02.02, 02.03-2, 02.03-5 and 11.03-6L in terms of protecting the environmental features and values of the Grange Burn, promote the natural environment, limit the negative impacts of development on the natural environment and enhance the presentation of town entrances. This relates to both the visual impacts on the natural environment and the gateway attributes associated with westbound traffic approaching the landscape associated with the Grange Burn and entering the city centre precinct.
12. Council says the location and size of the proposed sign is inconsistent with Clauses 12.03-1S and 15.01-1S through impacting on this landscape setting and the presentation of the trees to the public realm, which forms part of the gateway into the Hamilton city centre. It says the sign's location and size obscures the Grange Burn environs and actively seeks to draw attention away from the Grange Burn and so fails to enhance the natural environment. The sign is not subservient to the landscape setting with a height of 6 metres and a sign area of over 16 square metres.
13. Council also says the proposed sign is inconsistent with local nuanced policy under Clause 15.01-1L relating to 'Sign Design' through non-compliance with the policy guidelines as they relate to promotion signs which are to be discouraged if they exceed a height of 3.7 metres, have an area not exceeding two square metres and do not relate to the activity carried out on the site (which in this case relates to cabinetry activity).
14. It says the sign does not relate to what occurs on the site, will be a dominant feature in the landscape, will sit higher than the adjoining built form, altering the built form horizon and be too close to the road frontage boundary which is incongruent with adjoining building setbacks.
15. In contrast, the applicant says that much of Council's reliance on policy relates to environmental issues that are not offended by the proposed sign. The sign is on land that is in the C1Z and in a category with minimum limitation. The sign does not impact on vegetation and is proposed to be sited behind and above a hedge and not protruding above the existing background treeline that provides a backdrop for westbound traffic.
16. I note the sign does protrude above the roofline of the adjoining building. However, the applicant, in response to a question from me, has offered to lower the height of the sign by one metre. This would make the overall height of the sign 5 metres. The applicant says this would reduce the overall height of the sign to make it comparable to the roofline height of the adjacent building. I consider this appropriate and will include a condition. It will assist in minimising the height differential with the adjacent building.
17. The applicant says the sign is one-sided with advertising which faces eastwards and that it will not be highly visible from the walking trail that runs along the Grange Burn waterway corridor. The sign is designed and sited to be noticeable, but not dominant in the wider landscape. It is proposed to undertake some landscaping with small shrubs and grasses behind the sign to further enhance the landscape values behind the sign.
18. The applicant says the character of the area where the sign is proposed is a working urban corridor with a busy arterial road (Ballarat Road which has a speed limit of 60 km/h), bridge infrastructure, industrial and service uses and a visually robust environment. The applicant says the scale and vertical expression of the sign is consistent with the surrounding built elements and infrastructure.
19. The applicant says the sign is consistent with policy and Clause 52.05 in that it is:
    • compatible with the scale and character of its setting;
    • a demonstrable and appropriate standard of design;
    • not creating a traffic hazard as demonstrated by the lack of objection from the Head, Transport for Victoria;
    • contemplated by the zone and policy; and
    • not undermining the character, appearance or function of the Grange Burn corridor at this location.
20. The applicant says the sign supports the purpose of both policy under Clause 15.01-1L and the purpose and decision guidelines under Clause 52.05 in providing a high standard of design that provides diversity and adds visual interest, does not contribute to excessive visual clutter or disorder and does not cause a loss of amenity or adversely affects the natural or built environment.
21. In my view, this is a matter that comes down to how the sign impacts on its landscape and visual setting and whether it dominates the view when travelling towards the crossing of the Grange Burn and entering the city centre of Hamilton.
22. I find the proposed sign an acceptable outcome.
23. The sign is single sided facing westbound vehicular, cyclist and pedestrian traffic along Ballarat Road. The sign is located at an angle behind a boundary hedge and in front of a backdrop of vegetation including trees. It will be at a height (now reduced by one metre) that does not protrude above the treeline.
24. Although it will be noticeable when travelling westbound along Ballarat Road with views of the sign available from over a kilometre away, it will not, in my view, dominate the overall view of westbound traffic movement. The sign will be noticeable but not legible from 600 metres away and when approaching from around 300 metres will be prominent but not dominant because other elements along the road will increasingly be in view including both sides of the road, the streetscape, buildings lining the road and vegetation.
25. The site is in the C1Z and is not affected by any overlays that directs the protection of the landscape that sits behind the sign or on the site. The policy framework is a guide for decision making and does not comprise mandatory rules that must be followed.
26. The policy guidelines under Clause 15.01-1L seek to discourage promotional signs with exceptions. The applicant says the policy guidelines relate to a pedestrian scale and not directed to larger sized promotional signs in arterial road environments. I agree and find the proposed sign is acceptable as it relates to the C1Z setting and adds diversity and visual interest without being detrimental to the character and appearance of the streetscape or the adjacent building.
27. The sign will sit beside the existing commercial building, and its height will, with a reduction, be complementary with the roofline of the adjoining building. As a result, the sign will not appear as an isolated structure and will be anchored visually by the adjoining building.
28. The appearance of the size of the sign is moderated through the various changes in levels which affect perception. The approach to the site from the east is from higher elevation with the orientation of Ballarat Road changing to the south-west when travelling past George Street where, as it descends, broadens the overall view. This lessens the dominance of the sign in the locality including the approach to the Grange Burn and the gateway entry boulevard into the city centre.
29. For pedestrians and cyclists, the sign will be read as part of a broader industrial/commercial character setting in conjunction with a dual lane two-way arterial road that is separated by a landscaped median. This is a character of a busy arterial road with the sign adjacent to industrial buildings and presents as a robust environment within which the sign is located.
30. The sign will be difficult to see from within the Grange Burn waterway reserve given the reserve area is set much lower in the landscape and with the sign turning its back on the reserve. Views of the sign will likely be peripheral and at oblique angles and momentary for travellers along the waterway trail with views filtered by vegetation.
31. I do not consider the sign will disrupt or dominate the gateway entry into the city centre. It will be visible and noticeable. It is designed to be such. However, it will add vitality to the locality and not dominate or add to visual clutter in the area.
32. For the reasons given above, the decision of the responsible authority is set aside. A permit is granted subject to conditions which includes updated revised conditions, dated 27 August 2025 from the Head, Transport for Victoria.

Construct or put up for display a sign in Section 2 of Clause 52.05-11 - Category 1 - Commercial areas (Electronic Promotion Sign)

1. Before the construction and display of the electronic promotion sign, plans must be approved and endorsed by the responsible authority. The plans must be prepared to the satisfaction of the responsible authority and be drawn either to scale or with dimensions generally in accordance with the plans prepared by Gawk and identified as plans A01, A02, A03, A04, and A06 issue 2 dated 2/12/2024, but amended to show the following:

(a) Reduction in the overall height of the electronic promotion sign by one metre.

1. Once the development approved by this permit has commenced it must be completed to the satisfaction of the responsible authority.

1. The location, size, material of construction and details of the signage and any supporting structures, as shown on the endorsed plans, must not be altered without the written consent of the responsible authority.
2. The permitted signage must be located wholly within the boundaries of the subject site.
3. Unless no permit is required under the provisions of the Southern Grampians Planning Scheme, other signs must not be constructed or displayed without further written consent of the responsible authority.

1. Within three (3) months of the completion of the works or within the next applicable planting season, whichever is the earlier; the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority. The landscaping must thereafter be maintained to the satisfaction of the responsible authority, including that any dead, diseased or damaged plants are to be replaced.

1. The electronic promotion sign must be in generally in accordance with the plans dated 2/12/2024 and as amended and must not be altered without the written consent of Head, Transport for Victoria and the responsible authority.
2. The sign must operate to the satisfaction of Head, Transport for Victoria.
3. The sign must not display content, images or text:

(a) Giving the illusion of continuous movement.

(b) Capable of being mistaken for traffic signals or traffic control devices, including red, amber or green circles, octagons, crosses or triangles.

(c) Capable of being mistaken as an instruction to a road user, including the wording stop, give way, slow down, turn left or turn right.

(d) With a flashing background, flashing text, flashing images, blinking or fading elements that create the illusion of movement.

(e) Contain any animation.

1. The transition from one advertisement to another must be instantaneous.
2. No advertisement must be displayed for less than 30 seconds.
3. This is sign is located in a High District Brightness area and maximum average luminance must not exceed:

(a) 6000 cd/m2 at Daytime,

(b) 700 cd/m2 - Morning time,

(c) 350 cd/m2 - Night-time.

1. This permit will expire if one of the following circumstances applies:

(a) The development is not started within two years of the date of this permit.

(b) The development is not completed within four years of the date of this permit.

In accordance with section 69 of the Planning and Environment Act 1987 (Vic), the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of the permit expiry date, where the development allowed by the permit has not yet started; or within 12 months of the permit expiry date, where the development has lawfully started before the permit expires.

1. Unless otherwise extended in writing by the responsible authority, this permit will expire 15 years from the date of issue, at which time the signage and all supporting structures must be removed and the site made good to the satisfaction of the responsible authority, within one (1) month of the expiry date.

[1] The submissions 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.