Posted on May 12, 2017 by Katie Mortimer
Advertising in Transport Corridors and on Trailers
The NSW Government has proposed changes to the State Environmental Planning Policy No 64 – Advertising and Signage (‘SEPP 64‘).
Proposed amendments to the SEPP seek to make advertising in transport corridors permissible with consent despite any local environmental plan (‘LEP‘) provisions, and prohibit advertisements on trailers that are within or within view of roads or road related areas.
An amendment to the Environmental Planning and Assessment Regulation 2000 (‘EP&A Regulation‘) has also been proposed to provide for a new penalty notice in respect of the prohibition on trailer advertising.
A public consultation draft of the State Environmental Planning Policy No 64 – Advertising and Signage (Amendment No 3) (‘draft Amendment‘) and an Explanation of Intended Effect of the proposed amendments have been published by the Department of Planning and Environment (‘Department‘).
A public consultation draft of the Environmental Planning and Assessment Amendment (Penalty Notices for Parked Trailer Advertisements) Regulation 2017 has also been published.
Advertisements in transport corridors – proposal to repeal clause 16(4)(b)
Clause 16 of SEPP 64 makes advertisements in transport corridors permissible with consent.
However, Clause 16(4)(b) of SEPP 64 states that if a LEP enacted after 3 August 2007 prohibits such advertising, clause 16 will not apply.
As a result LEPs currently override SEPP 64 and can prohibit advertising in transport corridors.
Due to potential revenues from transport corridor advertising, and this revenue’s capacity to fund public benefits, the draft Amendment proposes to repeal clause 16(4)(b) to make advertising within transport corridors permissible with consent despite any LEP provisions.
New policy regarding the display of advertising on trailers within or within view of roads or road related areas
The draft Amendment proposes to include a new clause 27A in SEPP 64 in response to safety and amenity concerns with the growing trend of trailer based advertising within or within view of roads and road related areas.
Clause 27A of draft SEPP 64 proposes:
- to prohibit advertisements on trailers parked on a road, or road related area,
- to require consent for the display of advertisements on trailers parked on private land that is visible from a road or road related area.
This will not apply:
- to advertisements that are ancillary to the dominant purpose of the trailer, or
- to an advertisement on a trailer parked by or on behalf of a public authority, in the exercise of its functions.
In conjunction with the proposed prohibition on advertising on trailers, an amendment to the EP&A Regulation has been proposed to provide a new penalty notice offence.
This amendment provides that a breach of clause 27A would result in a penalty notice of $1,500 for individuals and $3,000 for corporations.
The public consultation drafts and Explanation of Intended Effect can be found here. Submissions can be made on the review until 30 June 2017.
Should you wish to discuss the proposed changes, please contact Megan Hawley, Partner on 8235 9704 or by email, at firstname.lastname@example.org