Victorian Civil and Administrative Tribunal|2017-01-25

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

Development and display of two floodlit major promotion sky signs.

The location and details of the sign as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.
The sign must be located wholly within the title boundary of the land.
That sign must not:
- (a) Dazzle or distract drivers due to its colouring.
- (b) Be able to be mistaken for a traffic signal because it has, for example, red circles, octagons, crosses or triangles.

In accordance with section 69 of the Planning and Environment Act 1987, an application may be submitted to the responsible authority for an extension of the periods referred to in this condition.

This permit expires fifteen (15) years from the date of issue.

[1] 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.

Environment Act 1987

TOM Assets Pty Ltd v Kingston CC [2017] VCAT 100 (25 January 2017)

There are other decisions of this Tribunal that have discussed the above policy and a number of these were referred to by Mr Jewell in his submission. In Australian Leisure and Hospitality Group Pty Ltd v Kingston CC [2016] VCAT 1031 the Tribunal found that:
1. It is clear that the Local Planning Policy Framework strongly discourages the establishment of major promotion signage within the City of Kingston, particularly on sites such as this where there are no existing promotional signage. In Caption v Kingston CC [2011] VCAT 799, the Tribunal considered the policy in light of an application for a major promotion sign. In that decision the Tribunal stated:

TOM Assets Pty Ltd v Kingston CC [2017] VCAT 100

At a glance

Court

Decision date

Source

Judgment (6 paragraphs)

Parties

Legislation Cited (1)

Cases Cited (2)

TOM Assets Pty Ltd v Kingston CC [2017] VCAT 100 (25 January 2017)