The NSW Government has recently proposed a number of amendments to the State Environmental Planning Policy No. 64 – Advertising and Signage (SEPP 64) and in conjunction, has also proposed the addition of a new penalty notice offence in the Environmental Planning and Assessment Regulation 2000 (Regulation). The intention of the proposed amendments is to fulfil the community’s expectation of balancing road safety whilst maintaining the public and economic benefit of advertising.
Repealing Council’s power to prohibit advertising
Currently, Clause 16 of SEPP 64 makes permissible advertisements in ‘transport corridors’ with consent. ‘Transport corridors’ include all land comprising road corridors, any land comprising railway corridors or any land zoned industrial which is occupied or managed by the RMS. However, in accordance with clause 16(4)(b) of SEPP 64, a Local Environmental Plan (LEP) can prohibit advertising altogether in a transport corridor. As a result, across NSW there are a large number of LEPs that override SEPP 64 and prohibit such advertising.