Event and Time
Event Description
The case concerns a development application (DA) No D/2022/1103 submitted by Dexus Funds Management Limited to install a new illuminated top-of-building sign on the existing building located at 25 Martin Place, Sydney. This decision follows previous consents granted for modifications and signage on the site, most notably under the 2015 consent and a 2020 consent.
Application and Claims
- The Applicant seeks approval for an illuminated sign measuring 2.78m in height and 11.13m in width to be positioned atop the tower.
- The Applicant argues that the sign qualifies as a 'building identification sign', thus not being subject to more rigorous prohibitions against 'roof or sky advertisements'.
- The Respondent contends that the proposed sign, since it will be above the building's parapet, should be classified as a 'roof or sky advertisement', which is subject to stricter limitations.
Judicial Decisions
- The appeal by the Applicant is upheld.
- Development Application No D/2022/1103 is granted consent, subject to conditions outlined in Annexure A.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Position:
- The proposed sign is an identification sign that will not function as general advertising. - The sign's purpose is to identify the building as ‘RBC Tower’ and fits within regulatory definitions. - The sign would improve the visibility and status of the building without negatively impacting heritage values.
- Respondent's Position:
- The sign will adversely affect the heritage significance of the site and violate the design excellence provision under the relevant planning instruments. - The sign, as proposed, constitutes a 'roof or sky advertisement', which does not comply with the Industry SEPP required provisions. - The sign fails to comply with the SDCP objectives relating to heritage significance and aesthetic impact.