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D5
Advertising Signage : Lot 11 DP 883955, Curreeki Creek Road, Coolongolook
DA516/2008 & PK24380
Development Assessment Planner : Robyn Shelley
DETAILS:
Date Received:4 March 2008
Applicant:
C Gray
Owner:
S A Purcell & J A Collins
Land:
Lot 11 DP 883955, Curreeki Creek Road, Coolongolook
Area:
Prop Key:
Zoning:
57.82ha
24380
1(a) Rural, GLLEP 1996
SUMMARY OF REPORT:
• Council by letter dated 29 January, 2008 requested the owners of the property to remove the subject
advertising sign which had been erected without development consent and advising that the signage
is prohibited under Council’s Development Control Plan No.6 – Outdoor Advertising.
• Development Application lodged seeking consent for the use of an existing advertising sign.
SUMMARY OF RECOMMENDATION:
The Development Application No.516/2008 be refused for the reasons outlined in this report.
FINANCIAL/RESOURCE IMPLICATIONS:
N/A
POLICY IMPLICATIONS:
Approval of the development application may create an undesirable precedent for the erection of ‘off site
promotional’ advertising structures in rural zones.
LEGAL IMPLICATIONS:
A decision for approval subject to conditions or refusal may lead to an appeal to the Land and
Environment Court.
LIST OF ANNEXURES:
“A” - Photo of advertising signage, site plan and supporting documentation.
SUBJECT SITE
BACKGROUND
Council’s Regulatory Control Officer observed two (2) advertising signs constructed upon the subject site.
One sign advertising ‘Table Rabbits’ the other advertising the ‘Salty Dog’ Fresh Seafood and Takeaway
Café, located in the Village of Coolongolook. A letter was forwarded to the owners of the property
advising that Council’s records indicated that no formal development application was requested or granted
for the advertising structures.
The owners of the subject site replied to Council advising that the advertising sign for ‘Table Rabbits’
advertised produce from the subject site. The owners of the property were advised that the ‘Salty Dog’
signage must be removed, as “Off site Promotional Signs’ are prohibited under Council’s Development
Control Plan No 6 – Outdoor Advertising, by 18 February, 2008. The owner advised that arrangements
would be made with the owner of the Salty Dog Café to remove the sign.
In addition to the signage located upon the site the subject of this report, a further advertising sign was
observed by Council’s Regulatory Control Officer on another property advertising the ‘Salty Dog’ Café.
This sign is located within the 2 Village zone of Coolongolook and is permissible development under the
provisions of Great Lakes Local Environmental Plan 1996.
A letter dated 1 February 2008 was submitted to Council from the Salty Dog Café advising that
development applications were being prepared for both properties where the advertising signage was
installed and requesting an extension of time for removal of the signs until the Development Application
had been processed.
Council responded to the Salty Dog Café by letter dated 11 February, 2008 advising that the advertising
signage located upon the property within the 2 Village zone could remain subject to the lodgement of a
development application within four (4) week of the date of the letter. However, in relation to the signage
located on the property within the 1(a) Rural zone that the signage was prohibited development and as
such, Council could not grant an extension of time for removal of the signage. The owner was also
advised that the signage should be removed by the 18 February, 2008 as requested by Council’s
Regulatory Control Officer and that Council would be obliged to refuse an application for a sign on the
property.
Council’s letter also advised the owners of the Salty Dog Café of Council’s requirements in relation to
plans required to be submitted to Council, for work that had been carried out at the Café site, without
development consent.
To date the signage has not been removed. A letter was received on 29 February, 2008 from the
applicant’s solicitor in relation to removal of the signage. The solicitor advised their clients believed that
the existing signage should be approved. That removal of the signage would have significant adverse
affect on their clients business, and that the signage was unable to be removed due to recent weather
conditions and the inability to access the signage with a vehicle. The solicitor further advised that as a
development application is to be lodged today, their clients have no alternative other than to leave the
signage in place.
Two (2) separate development applications have been lodged with Council for the use of the advertising
signage. This report assesses the development application (DA516/2008) for the advertising signage
constructed upon the property within the 1(a) Rural zone.
THE PROPOSAL
Development Application No 516/2008 was lodged with Council seeking consent for the use of a free
standing, off-site promotional sign that was installed upon the subject site without development consent.
The advertisement area of the sign is 8.64m2 the advertising structure has an overall height of 4m. The
signage advertises the ‘Salty Dog’ Fresh Seafood and Takeaway Café.
Supporting documentation for the application classifies the sign as a ‘Tourist Facility Direction Sign’ and
not an ‘Off site Promotional Sign’ as classified in Council’s correspondence to the owner of the “Salty Dog”
Café.
A copy of a plan of the sign, its location and the supporting documentation is contained n Annexure ‘A’.
SITE DESCRIPTION
The site is located on the western side of the Pacific Highway, Coolongolook. The site consists of two (2)
parts and is dissected by Curreeki Creek Road. The location of the advertising signage is cleared
pasture.
REPORT
The following matters as listed under Section 79C of the Environmental Planning and Assessment
Act, 1979, are relevant in considering this application:
The provisions of any environmental planning instrument that is or was on public exhibition and which
has been notified to the consent authority; any development control plan; and any matters prescribed
by the regulations that apply to the Development Application on the subject land
State Environmental Planning Policy No 64 (SEPP64)
SEPP 64 – Advertising and Signage is not relevant for this application as Council’s Local Environmental
Plan prohibits the development.
Great Lakes Local Environmental Plan 1996 (GLLEP 1996)
The land is zoned 1(a) Rural under the provisions of GLLEP 1996. Advertisements are permissible
under the 1(a) Rural Zone, however, off site promotion signage is prohibited development.
Development Control Plan No 6 – Outdoor Advertising (DCP 6)
DCP 6, Clause 7.3 Off-Site Promotional Sign states “the erection of off-site promotional signage is
prohibited in all zones, except residential commercial and industrial”.
The subject site is zoned 1(a) Rural under the provisions of GLLEP1996. Therefore, in accordance with
DCP 6, Clause 7.3 the signage advertising the ‘Salty Dog’ café, which is located on another site is not
permissible.
The applicant argues that the advertising signage is not ‘off-site promotional signage’ but a ‘tourist facility
direction sign’.
DCP 6, Clause 7.1.2 allows the erection of a Tourist Facility Direction Sign with development consent in
all locations. DCP 6 defines a Tourist Facility Direction Sign as a sign that provides direction to tourist
facilities to assist the traveling public locate such facilities. The signs may contain commercial information
but principally be for the purpose of providing direction.
Therefore, the permissibility of the advertising signage is a matter of the definition of the advertising
signage ie. whether the signage is an ‘off-site promotional sign’ or a ‘tourist facility direction sign’.
GLLEP1996 defines a Tourist facility as:
“…an establishment providing for holiday accommodation or recreation, and includes a
boatshed, boat landing facilities, camping ground, caravan park, holiday cabins, a hotel,
house boat, marina, motel, playground, restaurant or water sports facilities or for a club
used in conjunction with any such establishment, but does not include bed and breakfast
establishments.”
The supporting documentation submitted with the application notes:
“The establishment in question complies with this definition of a ‘restaurant’ and therefore
also as a ‘tourist facility’”.
The advertising signage does in fact advertise a ‘restaurant’. However, the relevant wording in the
definition of a tourist facility under the provision of GLLEP1996, are the words:
“…an establishment providing for holiday accommodation or recreation, and includes” and
the words “used in conjunction with any such establishment”.
Therefore, it is concluded that for a restaurant to be defined as a Tourist Facility that the restaurant would
need to be within an establishment providing for holiday accommodation or recreation.
CONCLUSION
The applicant has sought the consent of Council for the use of an advertising sign that was erected
without consent.
The advertising signage is defined as ‘off-site promotional signage’ and is prohibited in the 1(a) Rural
Zone under the provisions of GLLEP 1996. Off-site promotional signage is also prohibited in the 1(a)
Rural Zone under the provisions of DCP6.
It is not agreed that the advertising signage falls within the definition of a ‘Tourist Facility Sign’.
RECOMMENDATION: DIRECTOR PLANNING & ENVIRONMENTAL SERVICES
It is recommended that:
A.
Development Application No. 516/2008 seeking consent for the use of an existing advertising
structure upon land known as Lot 11 DP 883955, Curreeki Creek Road, Coolongolook be refused
for the following reasons:
1.
The free standing advertising structure is proposed to be erected on land zoned 1(a) Rural under
the provisions of Great Lakes Local Environmental Plan 1996. The erection of such structures is
prohibited under:
i)
ii)
2.
B.
the provisions of the 1(a) Rural zone of Great Lakes Local Environmental Plan 1996; and.
the provisions of Development Control Plan No 6 – Outdoor Advertising
Approval of the advertising structure would create an undesirable precedent for further off-site
promotional advertising within the rural landscape.
That Council issue an Infringement Notice under Section 125 of the Environmental Planning
and Assessment Act 1979 for the carrying out of work without development consent.
…………………………………………
G J HANDFORD
Director
Planning & Environmental Services
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