Kempsey Development Control Plan 2013

Procedure 1.1.3 Updated 10 January 2017

Chapter B18: Advertising and Tourist Signs

1 - Introduction

1.1 Scope of this Chapter

This DCP Chapter applies to Advertising and Tourist signs on all land and waters in the Kempsey local government area.

Environmental Planning Instruments provide the assessment level for Advertising Signs.

This chapter provides general requirements specifically for Advertising signs that are permissible with consent (Note - Signs must be visible from a public place to require consent).

1.2 Relationship to Other Chapters of this DCP

The provisions contained in Chapters included in Parts C, D, E and F of this DCP override the provisions of this Chapter to the extent of any inconsistency.

Further controls for signage are found in:

  • Chapter B13 - Heritage;
  • Chapter C3 - Bed and Breakfast Accommodation;
  • Chapter C4 - Tourist Facilities - Rural Areas and Eco-tourist Facilities;
  • Chapter D1 - South West Rocks Town Centre; and
  • Chapter D3 - South Kempsey Industrial.

1.3 Relationship to Local Controls for Signs

1.3.1 Kempsey LEP 2013

This chapter must be read in conjunction with the Kempsey Local Environmental Plan 2013 and other regional and state environmental planning instruments applying to the land. Environmental planning instruments (EPI’s) prevail over this chapter in respect to any inconsistency.

Kempsey Local Environmental Plan 2013 has no controls for Advertising signs, except for identifying which Advertising signs are exempt development.

1.3.2 Roads Act 1993

Section 138 of the Roads Act 1993 requires separate Council consent for the erection of a structure or carrying out of works in, on or over a public road. Consequently, where advertising signs are erected on or above a public road, an approval in accordance with s.138 of the Roads Act 1993 will be required as well as any required development consent. In addition, the concurrence of the Roads and Maritime Services will be required where the structure is to be erected on a classified road.

1.3.3 Relationship to Council Policies

Some issues associated with the design and construction of Advertising and Tourist signs are addressed by Council Policies. A copy of Council Policies is available on Council’s website. The Council Policies applicable to advertising and tourist signs (applicable at the time this DCP was adopted) are:

  • Policy No 3.10: Signs Policy; and
    • Procedure No.3.10.1: Tourism, Directional and Commercial Signage (to be developed).

1.4 Relationship to SEPP 64 - Advertising and Signage

1.4.1 SEPP 64 Requirements

In accordance with the provisions of State Environmental Planning Policy No. 64 - Advertising and Signage, consent may not be granted for the following types of signs unless a development control plan is in force that has been prepared on the basis of an advertising design analysis or a public art policy, for the relevant area or precinct:

  • Advertisements on rural or non-urban land (Clause 15 of SEPP64) - there are alternative provisions in the case of where the DCP isn’t prepared in accordance with an advertising design analysis.
  • Signage incorporating a display area greater than 45m² (Clause 19 of SEPP64)
  • Roof or sky advertisement (Clause 21 of SEPP64) - this means that roof and sky signs are effectively prohibited.
  • Special promotional advertisement (Clause 25 of SEPP64)
  • Building wrap advertisement (Clause 26 of SEPP64)

This Chapter has not been prepared in the basis of an advertising design analysis or a public art policy.

In addition to the requirements of this DCP, advertising signs are to be assessed against the requirements of SEPP 64.

1.4.2 Advertising Signs Prohibited by SEPP 64

SEPP 64 makes Advertising signs Advertised Development where the proposed sign:

  • Has a display area greater than 20m²; or
  • Is higher than 8m above ground.
1.4.3 Concurrence requirements of SEPP 64

Clause 18 of SEPP 64 requires the concurrence of the Roads and Maritime Services for signs that:

  • Have a display area greater than 20 m²; or
  • Are higher than 8m above ground; and
  • Are located within 250m of a classified road; and
  • Any part of the sign is visible from the classified road.

1.5 Relationship to SEPP (Exempt and Complying Development Codes) 2008

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 includes provisions that make some types of Advertising signs exempt development, subject to specific requirements.

1.6 Terms used in this Chapter

The definition of terms used this Chapter are contained in the Glossary located towards the end of this DCP.

The advertising display area of an advertising structure that contains advertising on two or more sides is to be calculated separately for each side and is not the sum of the display areas on all sides.

The following diagram summarises the various forms of signs common in commercial areas.

Figure B18-1: Types of Advertising SignsFigure B18-1: Types of Advertising Signs