Land and Environment Court: Benmill v North Sydney Council
Case Overview
The applicant, Benmill Pty Ltd, sought declaratory relief regarding the approved use of three illuminated roof signs prominently displayed near the top of a 17-storey commercial office building at 275 Alfred Street in North Sydney. Benmill argued that the signs were used for advertising, which should classify them as a “roof or sky advertisement” under State Environmental Planning Policy No 64—Advertising and Signage (‘SEPP 64’). However, North Sydney Council contended that the signs were “building identification signs” as defined in SEPP 64, disputing Benmill’s claim based on issue estoppel and/or abuse of process.
Council’s Position and Previous Rulings
North Sydney Council also submitted that the construction of the use permitted by the 2007 Consent and the 2016 Consent had already been resolved by a Commissioner of the Land and Environment Court in 2018, following a contested hearing. The council maintained that Benmill was not entitled to seek the relief it did.
Court Proceedings
Benmill engaged the team at Hones Lawyers, and the matter was heard by Judge Robson of the Land and Environment Court on Monday, 12 August 2019. The case was complex, involving previous consents and appeals between the parties and centered on the office building’s three illuminated roof-top signs, which displayed “BAYER” lettering and logos on the north, south, and west elevations.
Judgment and Outcome
After reviewing extensive background documentary material, Judge Robson ruled in favor of Benmill, declaring that the 2016 Consent was indeed for a “roof or sky advertisement” under SEPP 64. The Development Consent granted and modified by North Sydney Council in 2016 was confirmed to be for a “roof or sky advertisement,” and unless an application was made by notice of motion before 12 May 2020 for an alternate order, North Sydney Council was ordered to pay Benmill Pty Ltd’s costs of the proceedings.
Council’s Position and Previous Rulings
North Sydney Council also submitted that the construction of the use permitted by the 2007 Consent and the 2016 Consent had already been resolved by a Commissioner of the Land and Environment Court in 2018, following a contested hearing. The council maintained that Benmill was not entitled to seek the relief it did.
Customer Testimonials
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Over the past four years, my wife and I have experienced the burden of an easement that was placed over our property by the previous owner of an adjacent property.
The current neighbour holding the dominant tenement rights considered that he had exclusive use of the section of our property covered by the easement. He seemed to have little or no social conscious, and caused us much unnecessary distress by his intrusion, and practice of "storing" his unwanted possessions in our place.
Something had to be done about it particularly as I was fearful of leaving my wife at the mercy of his bullying and intimidating behaviour should I pre-decease her, given our age difference.
I asked a barrister friend if she could recommend a solicitor(s) who specialise in easements. I was given a list of solicitors at the top of which was Hones Lawyers.
I decided to seek the help of Jason Hones and his team, and it has turned out to be one of the best decisions I have ever made in my 87 years lifetime.
Jason, together with his associate Peter Clarke handled our matter for the best part of two years during which they were at all times respectful to us, and attended in a most competent and professional way to every one of our concerns and steps along the way.
Hones Lawyers represented us in communications with our neighbours' solicitors, and did everything in their power to achieve a mutually agreeable outcome. Their efforts were continually hampered by obfuscation from the other side until it finally became obvious that our only course of action was to take the matter to court.
Under the expert guidance of Jason and Peter, our matter was heard in the Supreme Court of NSW and we are extremely grateful to have been successful in achieving judgement in our favour, and the purported easement has been declared invalid.
As mentioned earlier, we are impressed with the respect we received at all times from Hones Lawyers, as well as their conscious effort to communicate with us without confusing us with "legal speak".
Their selection of senior and junior counsel was spot on and achieved an excellent legal team to represent our interests.
Jason personally came with us to make the introduction to counsel and sat with us through the preparation negotiations.
Throughout the whole process Peter Clarke proved to be a very intelligent and extremely competent young man, a valuable representative for his organisation, and was always polite and available for our every requirement.
In conclusion, we have absolutely no hesitation in recommending Hones Lawyers to anyone who wants competent legal representation carried out properly and efficiently.
Max (and Janet) Petrie
Max Petrie
13 August 2024
Peter has recently represented me in a matter & I have found him to be incredibly knowledgeable, extremely articulate and very responsive. He also has an impressive network of professionals around him and he has a “get it done” attitude. I would have no hesitation in recommending him and Hones & I would definitely retain his services again.
Matt McEwan
30 May 2024
I have been working with Jane Mercer over the past few weeks finalising everything for settlement on my new place. Jane has been one of the most helpful and plesant people I have dealt with throughout my property purchasing journey. She is friendly, responsive, helpful, took a lot of time to explain things to me I was not clear on and got my settlement done in 15 days! I would highly recommend using Hones Lawyers and especially Jane who was an absolute pleasure to work with. Would happily engage with Jane any time I need help. Thank you Jane!
miranda rutherford
20 May 2024
I highly recommend this law firm. I recently engaged them to handle the conveyancing of my house and was very impressed with their knowledge and attention to detail.
Wilana
23 November 2021
Hones Lawyers,
This company team can be trust, understand well your thought, professional battle a case on your behalf, and respond your question quickly. Special "Gavin" is my favorite, he is well organized, polite and so gentlemen guide us step by step for your worry since start to finish.
Thanks for your help our case Gavin for finalized easement matter with plaintiff in mid this year 2020, and you and your team done great job.
Minh Le
30 June 2020