Lord Howe Island Signage Policy Review

Lord Howe Island Signage Policy Review

Discussion Paper

In June 2005 the Lord Howe Island Board adopted a Signage Policy. The Policy aims to ensure that signage on the Island is appropriate in terms of need, design and location, and is subject to a clear, equitable and consistent approval process.

In recent times some business operators have expressed concern that this Policy does not provide sufficient scope for them to compete with each other. This Discussion Paper provides background information to assist the community to consider what is the appropriate amount and type of signage for Lord Howe Island and how it should be controlled.

Context

Signs provide benefits to the various business operations on the island in terms of promotion and product information. Signs are also important to assist people to find their way around the island. It is important to balance these needs with the low-key character of development on the Island and the significant scenic values of the place.

The low level of development and the quiet village character of the place is a key point of difference for the tourism product on Lord Howe Island compared to most competitor destinations. The Island’s scenic value is internationally recognised through its World Heritage listing. These values are highly regarded by the local community.

Visitors to Lord Howe Island must book their accommodation in advance of arriving on the Island. This makes Lord Howe Island unusual in that the main businesses, the accommodation houses, do not compete with each other on site for casual business. Rather they compete in their off-site marketing and on-line presence to secure advance bookings. This means on-site signage is not required for advertising purposes, but rather for information and branding aimed at customers or potential future customers.

However other categories of businesses that serve tourists do compete on-site for custom. These businesses include shops and restaurants, as well as tour guides and other service providers. While Lord Howe’s competitive market is considerably less acute than most, with much of the business being by referral and word of mouth, there is still an important role for on-site signage in making visitors aware of the services on offer and their location.

Businesses that provide services only to local people generally do not require signage to assist their customers understand their services or locate their business.

Planning objectives relevant to signs and advertising

Development on Lord Howe Island is controlled by the Lord Howe Island Local Environmental Plan 2010. The aims of this Local Environmental Plan (relevant to signage) include the following:

(a) to conserve the World Heritage values of Lord Howe Island and to restore or enhance lost or disturbed natural resources of the Island,

(e) to encourage community appreciation of the World Heritage values of the Island,

(f) to enhance the wellbeing and welfare of individuals and the Island’s community by pursuing economic development that safeguards the welfare of future generations,

(g) to facilitate the proper management, development and conservation of the Island’s World Heritage natural environment, the Island’s cultural heritage and the Island lifestyle,

(k) to acknowledge the importance of tourism to the Island economy and permit future development of tourism within limits,

(l) to ensure that tourism on the Island does not adversely affect the lifestyle of residents, or the World Heritage environmental qualities, of the Island, but enables visitors and residents to enjoy the Island,

(m) to ensure the conservation of relics, specified heritage items and the heritage significance of those relics and heritage items (including the settings of those heritage items).

The LHI Development Control Plan also includes objectives that are relevant to signage:

(a) to encourage quality design of residential and non residential development;

(d) to promote design solutions which respect the Island character and minimise loss of amenity for neighbours;

(e) to ensure that the scale and appearance of new development is compatible with the Island character;

(h) to require and maintain high quality landscaped areas;

(j) to protect the community’s interests.

Additionally there are provisions in the Development Control Plan encouraging screening of development from roads and special provisions relating to the foreshore area along Lagoon Road restricting signs to those directly related to an approved use.

State Environmental Planning Policy 64 – Advertising and Signage, which applies throughout NSW, does not apply on Lord Howe Island (see Clause 8 of the LEP). The SEPP sets out broad aims and objectives regarding the character, location and design of signage. Schedule 1 to the SEPP sets out the criteria a consent authority must consider when assessing an application for signage. The Schedule is set out in Appendix 2 of this Discussion Paper. Not all of the criteria are relevant to Lord Howe Island.

Operation of the LHI Local Environmental Plan

The Local Environmental Plan defines a category of development called exempt development. If an activity is exempt development it means no consent is required for these activities under the Environmental Planning and Assessment Act 1974. The Local Environmental Plan includes various signs and advertising as exempt subject to them meeting certain development standards. An extract of the Exempt Development Schedule of the LEP is included in Appendix 1 of this Discussion Paper.

If a proposed sign does not meet the exempt development standard, Clause 30 of the Local Environmental Plan applies. This requires consent for these non-exempt advertisements and signs. It prohibits any of these signs on land zoned Recreation, Environment Protection, Permanent Park Preserve or Marine Park, as well as advertisements and event signs on public land.

The effect of these provisions means that if a sign meets the exempt development standards it can be erected without development consent. If a sign does not meet the exempt development standards it must comply with the provisions of Clause 30 to be able to be approved.

Business identification signage is allowed for each business premise. Where a business operates from more than one location this would allow for a business identification sign for each of those locations.

The LEP does not contain any additional development requirements for advertisements or signs behind a shop window.

The LEP is to be reviewed over the coming year and this will provide an opportunity to recast the provisions relating to signage, as well as to consider the relationship between the LEP provisions and any signage policy prepared by the Board.

Existing Signage Policy

The existing Signage Policy was adopted prior to the Lord Howe IslandLocal Environmental Plan 2010. The Local Environmental Plan includesnew provisions relating to advertising signs.

In other areas the existing Signage Policy is consistent with the LocalEnvironmental Plan. The Signage Policy also predated the (nowsuperseded) Regional Environmental Plan 2005 although it appears to behave been largely consistent with that Plan.

The key feature of the Signage Policy is that it requires an approval fromthe Board before a business identification sign, an advertising sign, or atemporary event sign, can be erected, even if that sign meets the exemptdevelopment standards under the Local Environmental Plan.

The Signage Policy also restricts business identification signs for businesses on permissive occupancies (as opposed to leases) to be fitted on to the building itself, whereas the Local Environmental Plan allows for signs ‘on the land’ as well as on the building. In addition the Policy defines maximum dimensions as well as area, whereas the Local Environmental Plan only defines an area. This in effect precludes banner style signs.

The Policy also allows for a ‘remote’ business identification sign subject to various provisions, to be erected by the Board at the business’ expense.This is consistent with the Local Environmental Plan provisions for exemptdevelopment for public notice or tourist directory signs; or for signs withdevelopment consent in Rural, Settlement, or Special Uses Zones.

The Signage Policy allows for advertising signs on buildings that aresubject to permissive occupancies. The Policy limits advertising signs totwo (2) per business and limits their size whereas the Local EnvironmentalPlan has no restriction on the number of advertising signs per business.

Operation of the LEP without a Signage Policy

If there was no Signage Policy in place, and advertising and signage wasregulated only by the Lord Howe Island Local Environmental Plan 2010,what signage would be permitted?

Business identification signage

No approval would be required when the exempt development standardswere met, that is for up to one sign per business premises, not exceeding0.9 square metres or 20% of the front of the building (whichever was thelesser). Every business premise would be entitled to this sign on thebuilding or on the land of the premises, irrespective of its tenure status.Where a business operates under a permissive occupancy that includesland, that land could also be used for erection of the signage. However, Permissive Occupancies such as those for commercial boatsheds are generally limited to the building footprint.

A business identification sign outside of these standards could be erected with development consenton land in the Rural, Settlement, or Special Uses Zones.

Advertising signs

The Local Environmental Plan does not restrict the number or size ofadvertising signs that may be erected as exempt development.

Temporary event signs

The provisions for these signs are consistent between the exemptprovisions of the Local Environmental Plan and the Signage Policy. If atemporary event sign did not meet the exempt development standards itcould not be approved for erection on ‘public property’.

Compliance with Signage requirements

At present there are issues with compliance of some business related signage with the LEP and the Signage Policy.

The Board always seeks to resolve these matters through discussion and agreement and only revert to formal action if agreement is not possible. The resourcing of formal compliance is high and best avoided to save the community the cost and diversion of Board staff time from more significant activities.

Compliance issues generally arise where rules do not allow for a reasonable level of exposure for businesses, or where the goals and objectives are not broadly understood and agreed, or where the rules are written in a confusing manner and can be interpreted in a number of different ways. All of these factors apply to some extent in the case of the Lord Howe Island signage arrangements. This is the case for the advertising notice board near the post office which is now operated by LHI Tourism Association, who are not familiar with the restriction on the number of advertising signs.

Any proposed signage policy should be openly discussed and debated, and the high-level goals agreed upon, before detailed drafting of the actual rules is undertaken. This way the Board can seek to gain consensus from business operators and this should lead to better voluntary compliance with any new rules.

Discussion

The provisions of the Lord Howe Island Local Environmental Plan 2010 apply and cannot be changed without going through the extensive process required to amend an environmental planning instrument. They represent the minimum standard that is to be applied for signage.

While the exempt development category means no consent is required under the Environmental Planning and Assessment Act 1974, it does not affect obligations to seek approval under other legislation.

A common example of this in NSW is where installing a driveway crossing may be exempt development however an approval under the Roads Act 1993 may still be required.

The Lord Howe Island Act 1953 confers a wide range of powers on the Board to control and regulate activities on the Island, including the licencing of businesses subject to conditions, and the control of commercial undertakings. These powers could be used to require approvals for advertising and other signage in addition to the provisions of the Environmental Planning and Assessment Act 1974.

In the absence of a Signage Policy providing additional restrictions on advertising signage, it would be possible to have virtually unrestricted advertising on the buildings and land of business premises.

This is not desirable from an aesthetic point of view, nor would it be necessary from a commercial point of view for those businesses. Unrestricted advertising signage would be unlikely to be acceptable to either residents or visitors.

The Signage Policy does not differentiate between internal and external signage. This would suggest the provisions relate to all signage irrespective of where it is located, however this is not clear.

Questions for discussion and consideration

Is 0.9 square metres an adequate size for business identificationsignage?

Should there be restrictions on the dimensions to achieve this area?

What is an adequate amount of advertising signage forbusinesses?

Should signage requirements be different for businessesoperating on the foreshore?

Do some businesses require off site advertising because of theirisolated or hidden location? How could this be determined in aconsistent and fair manner?

Do all businesses require both business identification andadvertising signage? Should accommodation businesses berestricted to business identification signage only, while othertypes of businesses are allowed both business identification andadvertising signage?

Should businesses be made to bring existing signs into compliance with the revised Policy, and if so what is an acceptable amount of time for this to occur?

Should sandwich board style signs be allowed on the road verge or does this represent a safety issue?

Should there be any restrictions on internal signs that become external during business hours (i.e. those on the backs of doors)?

Should signs above an awning require a lodgment of a development application?

Do you support a revised Signage Policy requiring approval forBusiness identification, Advertising and Temporary eventsignage?

What other issues are relevant to signage on Lord Howe Island?

Appendix 1 – Extracts from Lord Howe Island Local Environmental Plan 2010

Subject to Clause 9 (1) of the LHI Local Environmental Plan 2010 the following activities are exempt development (extract from Schedule 1 of the LHI LEP relevant to signage):

Development / Development standards and other requirements
Advertisement or sign / (a) Must not cover any mechanical ventilation vents.
(b) Must not be internally illuminated.
Advertisement or sign behind a shop window / No additional requirements.
Advertisement or sign on a vehicle or trailer / (a) The vehicle or trailer must primarily be used for the conveyance of goods or passengers.
(b) The vehicle or trailer must not be parked solely for the purposes of advertising or promotion.
Business identification sign / (a) Not more than one for each business premisesconcerned.
(b) Must be installed on the land from which thebusiness is operating.
(c) Must not exceed 0.9 square metre.
(d) If on premises with an awning—the advertisement or sign must be located below the level of the awning.
(e) If installed on premises without an awning—the top of the advertisement or sign must be located less than 2 metres above ground level.
(f) Must not cover more than 20 percent of the area of the front of any building from which the business is operating.
Navigation sign (including a public notice erected on, or placed in, Zone
8 Permanent Park Preserve or Zone 9 Marine Park) / Must be installed by or on behalf of a public authority.
Public notice (including a public notice erected on, or placed in, Zone 8 Permanent Park Preserve or Zone 9
Marine Park) / Must be installed by or on behalf of a public authority.
Replacing an advertisement, or sign (but not any part of an advertisement or a sign that is a structure) / Advertisement or sign must relate to the purpose for which the land on which it is placed is used.
Temporary advertisement or sign relating to an event / (a) Must not exceed 5 square metres.
(b) Must not be installed more than 28 days before the subject event.
(c) Must be removed within 48 hours after the subject event.
(d) Limit of 2 per event.
Tourist directory sign (including a tourist directory sign erected on, or placed in, Zone 8 Permanent Park Preserve or Zone 9 Marine Park) / Must be installed by or on behalf of a public authority.

Extract from LHI Local Environmental Plan, Clause 30:

30 Advertisements or signs

(1) Despite anything to the contrary in Part 2, the placement or erection of an advertisement or sign may be carried out, but only with the consent of the consent authority.

(2) Despite subclause (1), the placement or erection of the followingkinds of advertisements or signs is prohibited:

(a) any advertisement or sign placed or erected on land withinZone 6 Recreation, Zone 7 Environment Protection, Zone 8Permanent Park Preserve or Zone 9 Marine Park,

(b) any advertisement or sign that promotes an event and isplaced on public property.

Extracts from LHI Local Environmental Plan – Definitions:

business identification sign means a sign, not internally illuminated, that, in respect of any place or premises to which it is affixed, contains one or more of the following:

(a) a reference to the identity or a description of the place or premises,

(b) a reference to the identity or a description of any person residing or carrying on an occupation at the place or premises,

(c) particulars of any occupation carried on at the place or premises,

(d) such directions or cautions as are usual or necessary relating

to the place or premises or the occupation carried on at the place or within the premises,

(e) particulars or notifications required or permitted to be displayed under any State or Commonwealth Act,

(f) particulars relating to the goods, commodities or services dealt with or provided at the place or premises,

(g) particulars of any activities held or to be held at the place or premises,

(h) a reference to an affiliation with a trade, professional or other association relevant to the business conducted at the place or premises.

signmeans a display of symbols, messages or other devices for conveying information, instructions, directions or the like, whether or not the display involves the erection of a structure or the carrying out of a work.