2019-05-13 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                                          13 MAY 2019


In accordance with the Planning & Environment Court’s directions, mediation was attended by
Council officers and the appellant with the court registrar on 4 April 2019. At the mediation an
agreement was generally reached over the disputed signage as set out below (with some minor
details refined thereafter):
Condition 7 – Spreader Signs
      The 4 spreader quality fuel signs will be blanked out and will be white being the same
        colour as the upright posts that they are attached to so as not to stand out. The appellant
        requested that the spreader signs be permitted to remain as removing the spreader signs
        would leave penetrations in the canopy supports exposed.
Condition 10 – Illumination of Canopy stripes
      Council officers agreed to the deletion of condition 10 regarding the illumination of the
        stripes on the canopy face. The current Advertising Devices Code only regulates
        advertising devices and does not regulate branding colours or illuminated stripes on
        buildings. Therefore there is no basis for this condition to be maintained.
Condition 11 – Illumination of Signs
      Council officers agreed to allow for the illumination of one additional sign being either the
        Shell facia or the Night Owl sign. The Advertising Devices Code permits one illuminated
        sign per tenancy and therefore a total of 2 illuminated signs are permitted on site, with the
        site having 2 tenancies.
It is therefore recommended that Council resolve to settle the appeal on this basis and as set out
in the amended conditions in Attachment 2.
Finance & Risk
Council’s solicitor for the matter advises in respect to the proposed settlement that “while this is
only a relatively small matter, it appears to be a satisfactory compromise and a good result for
the Council”.

Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes - Solicitor

Internal Consultation
Nil

Departments/Sections Consulted:

      Chief Executive Officer       Community Services                      Corporate Services
      Executive Officer             Community Development                   Financial Services
      Executive Support             Community Facilities                    ICT
                                    Libraries & Galleries                   Procurement & Fleet
                                    Local Laws                              Property
                                    Waste & Environmental Health            Revenue Services

      Executive Services        x   Environment & Sustainable Development   Infrastructure Services
      Community Engagement          Building & Plumbing Services            Asset Management
      Customer Service          x   Development Assessment                  Buildings and Facilities
      Governance                    Economic Development                    Civil Operations
      People and Culture            Environmental Services                  Disaster Management
                                    Strategic Land Use Planning             Infrastructure Planning,
                                                                            Design and Delivery




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