Written by A recent ruling in the Land and Environment Court has reaffirmed the importance of precise legal interpretation, setting a significant precedent for property owners and developers in relation to property signage regulations and legal interpretation under State Environmental Planning Policy No 64—Advertising and Signage (SEPP 64). In Benmill Pty Ltd v North Sydney Council (No 2) [2020] NSWLEC 44, the Plaintiff sought declaratory relief concerning the classification of three illuminated rooftop signs displayed on a 17-storey commercial building at 275 Alfred Street, North Sydney. The applicant argued that the signs were being used for advertising purposes, which should categorize them as a “roof or sky advertisement” under SEPP 64. However, North Sydney Council contended that the signs fell under the definition of “building identification signs”, which would subject them to different regulatory standards.
The council further claimed that Benmill’s application was barred due to issue estoppel and abuse of process based on prior rulings. The Council asserted that the interpretation of 2007 and 2016 Development Consents had already been adjudicated by a Commissioner of the Land and Environment Court in 2018 following a contested hearing. Consequently, it argued that Benmill was not entitled to relitigate the matter. The Plaintiff presented their case before the Land and Environment Court on 12 August 2019, which involved multiple historical consents and appeals concerning the illuminated rooftop signage displaying the “BAYER” branding on the north, south, and west elevations of the building. After a thorough review of the documentary evidence and legal arguments, the court ruled in favor of Benmill Pty Ltd. The 2016 Development Consent granted by North Sydney Council was indeed declared for a “roof or sky advertisement” under SEPP 64. Furthermore, unless an alternate order was sought via notice of motion before 12 May 2020, North Sydney Council was ordered to pay Benmill’s legal costs.
This case highlights the significant implications of how signage is classified under planning laws. The distinction between advertising signage and building identification signage can affect development approvals and compliance obligations. This serves as a reminder of the intricacies involved in development consent interpretations and the potential legal challenges that may arise.