Posted on December 4, 2017 by Katie Mortimer and Megan Hawley
Changes made to Advertising in Transport Corridors and on Trailers
The NSW Government has amended State Environmental Planning Policy No 64 – Advertising and Signage (‘SEPP 64‘) and introduced new penalty notice offences into the Environmental Planning and Assessment Regulation 2000 (‘EPA Reg‘).
The State Environmental Planning Policy No 64 – Advertising and Signage (Amendment No 3) (‘Amendment‘), amends SEPP 64. The amendments made are the same as those discussed in our previous blog on the proposed changes.
The Amendment commenced on 29 November 2017.
In summary, the Amendment has the following effects, as discussed in our previous blog:
- LEPs are now prevented from prohibiting advertising in transport corridors;
- there is a prohibition on advertisements displayed on trailers parked on a road or road related area, or trailers parked on land visible from a road or road related area, except with the consent of the consent authority, unless the advertisement is ancillary to the trailer’s dominant purpose, or the trailer has been parked by a public authority in the exercise of its functions.
The EPA Reg will be amended (taking effect on 28 February 2018) by the Environmental Planning and Assessment Amendment (Penalty Notices for Parked Trailer Advertisements) Regulation 2017 to create two new penalty notice offences in respect of displaying advertisements on trailers.
New Guidelines for the assessment of development applications under SEPP 64, were also gazetted by the Department of Planning and Environment on 29 November 2017. The Guidelines now differentiate between digital and non-digital signs, and contain digital sign criteria.
Should you wish to discuss the proposed changes, please contact Megan Hawley, Partner on 8235 9704 or by email, at megan.hawley@lindsaytaylorlawyers.com.au
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