1. This clause identifies that a key issue is the management of large format signs, such as sky signs, major promotion and panel signs. It contains an objective to ensure that signs meet the needs of businesses on the land without causing visual clutter or having a detrimental streetscape impact. This includes avoiding signs that impact views to significant landscapes, supporting signs that are compatible with the scale of the building/site and surrounding landscape and streetscape character and the implementation of the Advertising Signs Policy at Clause 22.01. I will discuss how this sign responds to this policy further below.
2. The site is also within the Boronia Activity Centre. This policy is based on the Boronia Structure Plan (2006) which is a reference document at Clause 21.10-3. The structure plan includes principles for future design and built form for the area that includes maintaining views to the Dandenong Ranges and to 'reduce the clutter within the centre particularly created by excessive visual signage'.[6] The clause identifies the site is within Precinct 3 (Southern Terraces) which includes strategies for higher density development on Maryville Way, to the south of the subject site.

1. Some of the key themes that emerge from the local policies are the important role of the Dandenong Ranges and foothills which provide a scenic backdrop to Knox which are major defining character of the municipality.
2. Strategies to strengthen the municipality's landscape theme along main roads is for advertising that makes a positive contribution to this landscape character by ensuring signs do not detract from views of the landscape.
3. The recent gazettal of Amendment C150 reinforces these objectives through the designation of this section of Boronia Road as 'Paths into the Hills' in Clause 21.05. Council submits that 'Paths into the Hills' is identified as:

'an important pathway(s) and scenic route to the Foothills which is a highly significant landscape in both local and Metropolitan contexts (Clause 12.04-1 and 21.03-4). Along these routes, it is policy that the built forms do not dominate the landscape character.' [7]

1. The applicant argues the sign will be seen by eastbound traffic against an urban background. He says the site is well within the activity centre boundary and therefore there is no conflict with the bushland boulevard policy. The applicant argues that whilst there are background views of the Dandenong Ranges outside the activity centre and further to the east, this should not be fatal to this proposal. He says the traffic volume is the dominant influence on the character of this area and not the bushland character of the hills to the east.
2. I agree with the applicant that this site is influenced by its proximity to two arterial roads and its location within a Major Activity Centre. However, I must take into account the context of this site at the base of the foothills. Boronia Road is a major thoroughfare into the Dandenong Ranges. I find it is reasonable for Council to consider objectives to protect the landscape character that is visible from this road that extends into the hills.
3. The applicant highlighted Member Taranto's review of a number of Tribunal decisions relating to major promotion signs that are subject to 'Bush Boulevard' policy in iOM Pty Ltd v Knox City Council [2013] VCAT 1556. She identified the following principles:
   • Proposals for major promotion signs should be assessed from a neutral rather than negative point of view (Kings Funeral Services v Greater Dandenong CC)
   • An inherent quality of major promotion signs is that they are typically placed in prominent locations and of a scale to maximise their exposure - that is they are designed to be seen and attract attention to themselves (Caption Pty Ltd v Melbourne CC).
   • As a matter of principle, it cannot be fairly said that major promotion signs reduce visual amenity (Wyndson Pty Ltd v Bayside CC).
   • Such signs are a legitimate commercial activity (Wyndson Pty Ltd v Bayside CC).
   • Major promotion signs can serve an important function in relation to public information and awareness and can add interest, colour and character to an area (Buckle Outdoor Advertising Pty Ltd v Port Phillip CC & Ors).
   • The critical element is that any major promotion sign is of a scale, form and location that is appropriate in the context of the existing physical environment (Buckle Outdoor Advertising Pty Ltd v Port Phillip CC & Ors).
   • Any sign must be consistent with planning policies guiding future development and have regard to potential amenity impacts on surrounding uses (Buckle Outdoor Advertising Pty Ltd v Port Phillip CC & Ors).[8]
4. I also accept these principles and that each sign must be assessed on its own merits, it relation to its design, site context and location, and consideration must be given to planning policies guiding the future development of the activity centre.
5. The applicant is critical of Council's negative policies and argues that they effectively prohibit this type of sign on main roads within an activity centre. He argues that little weight should be given to these policies as they fail to achieve the objectives of Clause 52.05-7 - Minimum Limitation areas, which is the least restrictive category for signs.
6. Whilst understanding the applicant's concerns, the local policies and the purpose and decision guidelines Clause 52.05 also require consideration of the effect of the visual appearance of major promotion signs on significant view corridors that are identified in a framework plan or local policy, which in this case, is the Dandenong Ranges.
7. The subject site is one of those significant corridors identified in local policies. I consider that the size, location and type of sign is contrary to the scenic importance of the site at the base of the Dandenong Ranges that is identified in SPPF and Municipal Strategic Statement objectives and strategies. These emphasise the dominant landscape character in Knox, including along major thoroughfares such as Boronia and Dorset Roads. I will outline my reasons further below.

1. The hotel is located on the southern side of the Boronia Activity Centre and is the largest land holding within the activity centre. The hotel contains an existing internally illuminated blade sign (approximately 9 metres high) at the Boronia Road entrance that advertises the various functions of the hotel. There are also other illuminated business identification signs on the north, west and south fascia of the building that are 1.5 metres wide.
2. The south side of Boronia Road, east of Dorset Road contains predominately single storey buildings, including the hotel. However, there is a two storey commercial building and a three storey residential building further east up the hill, on the corner of Hastings Avenue. The west elevations of these buildings are clearly visible from within the centre.
3. Due to the topography of the land rising to the east along Boronia Road, the width of Boronia and Dorset Roads and abuttal to the railway reservation, the review site is clearly visible from many vantage points in the centre. My site inspection reveals that a feature of this centre, particularly on the south side of Boronia Road, is low scale built form and wide roadway that are framed by the backdrop of the Dandenong Ranges.
4. The north side of Boronia Road contains some larger commercial buildings with larger business identification signs on the walls. On the south-west corner of Dorset and Boronia Roads are predominately single storey commercial buildings and the north-west corner contains Boronia Junction shopping centre. This centre is recessed back from both roads and contains car parking in the frontage.
5. The Boronia Activity Centre contains numerous advertising signs in a range of styles. Most of the shops and business facing Boronia and Dorset Roads contain business identification signs on the veranda or building fascia. However there are three sky signs in the centre that include the tattoo shop on the south side of Dorset Road, a supermarket that is located to the north in an the adjoining side street and the Boronia Junction shopping centre has a sign above the entrance to the centre. This sign is well set back from the street.
6. There are currently no examples of electronic promotion sky signs within the activity centre. However, there are examples of taller illuminated pole/blade signs associated with hotel on the site, Boronia Junction shopping centre and the petrol station. These signs are visible at the intersection Boronia Road and Dorset Road.
7. Whilst I acknowledge that there are some sky signs in the centre, these are smaller non-illuminated signs (with the exception of the Boronia Junction sky sign) that do not dominate the streetscape. The advertising signs within this centre are varied but are generally located on the existing commercial buildings.
8. The context of this site is largely influenced by the existing signs in the centre and its location as a route to the foothills of the Dandenong Ranges. I find that the strong visible presence of the landscape backdrop requires a response that does not detract from this character that is clearly visible from many vantage points within the activity centre.

DOES THE SIGN MEET THE PURPOSE OF CLAUSE 52.05?

1. The purpose of Clause 52.05 includes to provide for signs that are compatible with the amenity and visual appearance of an area, including the existing or desired future character, to ensure signs do not contribute to excessive visual clutter and signs do not cause a loss of loss of amenity or adversely affect the natural or built form environment.
2. This clause also contains specific provisions for major promotion signs at Clause 52.05-6. This clause has the following purpose:
   • To achieve high quality visual standards for the siting of major promotion signs.
   • To ensure that the signs are not detrimental to the appearance of their surroundings or the safe and efficient operation of the route through the application of consistent planning controls. [9]
3. The decision guidelines require consideration of the effect of the sign taking into account locational principles such as encouragement in commercial locations in a manner 'which complements and enhances the character of the area'[10] and discouragement along tourist and scenic routes. These principles also require a sign:
   • To achieve high quality visual standards for the siting of major promotion signs.
   • To ensure that the signs are not detrimental to the appearance of their surroundings or the safe and efficient operation of the route through the application of consistent planning controls.[11]
4. I will assess the sign against the decision guidelines of Clause 52.05 below.

1. The decision guidelines of Clause 52.05-6 require consideration of the effect of a major promotion sign on significant streetscapes and skylines and the visual appearance of a significant view corridor identified in a framework plan.
2. The applicant argues the 'Paths into the Hills' character is located further to the east as the activity centre is dominated by the significant level of traffic, other signs and infrastructure such as poles and traffic lights.
3. I find the siting of the sign above the roof on this corner of the building will also introduce a built form element that will have a dominating presence in the centre. This will be incompatible with the low-rise built form on the south side of Boronia Road that contains predominantly single storey shops, further to the east and west of the hotel. Whilst there are more two storey buildings on the north side of Boronia Road, signs on these buildings are generally located either on the walls of the building or veranda fascia.

1. I have concerns about the extent of visibility of the sign in relation to its proximity to the Dandenong Ranges. Whilst this location was understandably chosen for its visibility, this increases the potential visual impacts in the activity centre and views beyond to the hills.
2. I have viewed the site from many different locations from within the centre. The applicant has also provided images of the sign at various points around the Dorset/Boronia Road intersection. These show the sign is framed by existing vegetation and one image shows the sign blocking views of the western wall of a nearby two storey office building located further east in Boronia Road.
3. Whilst this sign may screen views of this nearby building at this location, there are many other places within the centre where the sign becomes a prominent feature in the centre and it will protrude above the tree line. This includes views further west along Boronia Road due to the slope of the land away from the site. The sign will also be a dominant element when viewed from the south-west, further north along Dorset Road. This will increase the prominence of the sign at the intersection and impact the views and vistas towards the Dandenong Ranges.

Relationship with the host building and other signs

1. The hotel currently has an internally illuminated blade business identification sign (approximately 9 metres high) near the entrance in Boronia Road and it identifies the hotel within the centre.
2. I find the display of the sign will result in a concentration of signs along this frontage of the building that will result in a cluttered and visually discordant appearance in the streetscape. The hotel already has a number of other signs that adequately identify the business and the activities conducted on the site.
3. I also find the erection of the sign above the roof on this corner fails to integrate with the low scale built form of the hotel and it will be a bulky intrusion on this corner.

DOES THE SIGN RESPOND TO THE OBJECTIVES AND POLICIES AT CLAUSE 22.01?

1. Council argues the sign is contrary to the objectives of this policy that seek to avoid major promotion signs, promotion panel signs and sky signs on 'Bush Boulevards' and 'Paths into the Hills'.
2. This policy specifically addresses major promotion signs, promotion panel signs and sky signs. It is policy that sky signs are avoided and:

Major promotion signs and promotion panel signs, including within the front setbacks of a site, are avoided where they will:

• have a dominant visual element in the landscape;
• be located within or adjacent to significant landscapes;
• impact on views and vistas towards significant landscapes;
• be located on 'Bush Boulevards' (outside of Knox Central, Bayswater, Boronia or Rowville Activity Centres), 'Paths into the Hills' or within 'Gateways'; or
• have an adverse visual impact on the landscape and design character or operational efficiency of a transport corridor, including the East Link freeway corridor.[12] (Bold is Tribunal emphasis)

1. The applicant argues that Clause 22.01-3 exempts this policy requirement as the site is within the Boronia Activity Centre. I disagree with this interpretation as the site is within the 'Paths into the Hills' area (as defined by Clause 21.05-3) that does not include the exemption that is provided for a site within a Bush Boulevard that is within the Boronia activity centre.
2. I note this policy states that major promotion signs may be supported within activity centres, such as Boronia, provided they are attached directly to the wall and meet all other relevant requirements of the planning scheme applicable to their location.
3. The decision guidelines at Clause 22.01-4 are similar to those within Clause 52.05-6 that require consideration of whether the sign will dominate the landscape character of Bush Boulevards and Paths into the Hills.
4. As I have indicated above, I find the proposed type, location and size of this sign will have an adverse impact on views to the foothills. I consider Boronia Road plays an important role as a visual and vehicle corridor that extends into the foothills and provides views of the Dandenong Ranges.

1. Council refused this application on the ground the proposal is inconsistent with the clause 5.0 in the DDO7 that states:

Signage (including billboards) within the Activity Centre, and along approaches into the Centre, will be discouraged, with the exception of business identification and directional signage.[13]

1. The DDO7 implements the Boronia Structure Plan that contains a range of design objectives including:
   • To maintain views toward the Dandenong Ranges National Park from current and future public places on the western ridgeline of the study area, particularly the key views from Tormore Reserve and from Boronia Village
   • To recognise that within the Foothills areas the environmental and landscape significance outweighs the need for urban consolidation.[14]
2. The applicant emphasised that this overlay contains a Built Form Framework that encourages up to 14 storeys on the subject site and properties to the south in Maryville Way. He says this indicates that the future built form will be higher than the proposed sign on the hotel.
3. The applicant also submits that as the sign is to advertise the activities within the hotel, the overlay is contrary to the discretion to be exercised under Clause 52.05. He states:

On any view the policy (incorporated into 2012 into the Planning Scheme) has a long way to go to achieve its outcomes when one looks at the proliferation of signage in the centre. It is perhaps trying to shut the gate after the horse has bolted.[15]

1. Clause 43.02-4 states that advertising controls are at Clause 52.05 unless otherwise specified in the schedule of the overlay. In accordance with Clause 62.02-2, a sign is not classified as buildings and works requiring a permit unless specifically required by the planning scheme. Whilst the Delegate report notes that a permit is required for buildings and works, including the display of advertising signs, Schedule 7 does not specify a planning permit is required for a sign.
2. On the basis that no planning permit is required in the DDO7, I will give the overlay little weight except to acknowledge that it provides direction for advertising. The landscape objectives contained in the overlay are reiterated in Clause 22.01 and Clause 21.05-7 of the scheme which emphasise the impact on significant viewlines and vistas into the Dandenong Ranges when viewed from the west.
3. Whilst this area is earmarked for a built form response up to 14 storeys in the Built Form Framework, I must consider the impact of the sign on the views towards the Dandenong Ranges based on the existing conditions. As already indicated in my findings, I consider this sign will be visually intrusive and will detrimentally impact views to the Dandenong Ranges which is noted as a significant feature in both SPPF and Local Planning Policy Framework (LPPF).

1. The respondent is concerned the sign will attract more people to this gambling and alcohol venue. The applicant also advised that the sign content is designed to advertise activities of the hotel.
2. Whilst understanding the respondent's concerns, the operation of the hotel, and its amenity impacts on the surrounding residential area, are not matters required for consideration in the decision guidelines for signs in the planning scheme.

1. For the reasons given above, the decision of the responsible authority is affirmed. No permit is granted.

[1] The submissions 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] Knox Planning Scheme [cl 18.02-4].

[5] Knox Planning Scheme [cl 21.05-7].

[6] Boronia Structure Plan [pg 20-25].

[8] iOM Pty Ltd v Knox City Council [para 10].

[9] Knox Planning Scheme [cl 52.05-6].

[12] Knox Planning Scheme [clause 22.01-3].

[13] Knox Planning Scheme [cl 43.02 Sch 7 cl 5.0].