Brothers Leagues Club appeals Cairns Regional Council’s billboard decision in court

Cairns’ billboard wars are set to continue after council ordered a large Manunda club to shut off its electronic signage.

Brothers Leagues Club has taken Cairns Regional Council to court over a digital sign on the building’s facade. Picture: File photos

The latest skirmish in Cairns’ billboard wars has spilled over into the courts, with Brothers Leagues Club appealing against recent council orders to shut down its “distracting” electronic signage.

A 6.5sq m digital advertising device on the club’s Anderson and English street corner was the target of the council’s order as it had been operated without a permit.

At a March meeting the council deemed the device too distracting and dangerous, and not compliant with Transport and Main Roads regulation.

But the club has unequivocally hit back at the council, citing several reasons why it believes the billboard to be appropriate and compliant in an appeal lodged in the Planning and Environment Court.

Cairns Regional Council took issue with the light intensity of the digital advertising device and its position, facing towards the traffic lights heading west on Anderson Street. Picture: Brendan Radke

Among those reasons was the precedent set by other large electronic billboards in the city, a backstop that councillors feared businesses would use in future appeals.

“The digital signs are always going to be a nightmare … it’s good you caught this one, they tried it and haven’t gotten away with it, but there are those out there who have tried it and got away with it and it becomes an equity thing,” Division 9 councillor Brett Olds said at the council’s March meeting.

According to the appeal filed in court on May 30, the appellant – Brothers Leagues Club – cited “failure to consider existing devices” among grounds of appeal.

Cairns councillors voted unanimously at its March meeting to take action against the billboard. Picture: Isaac McCarthy

“The (council’s) decision failed to consider the application with regard to existing advertising devices that are installed throughout the region … that are: larger in size than the advertising device of the application; non-static billboards, located on state-controlled roads, are closer to the boundary than the advertising device of the application, and located in areas where there are significantly greater traffic numbers,” the document stated.

The council made the order to shut the device down based on its disposition, too.

According to deputy mayor Terry James, the billboard contravenes Department of Transport and Main Roads policy on digital signage.

Deputy mayor Terry James maintained that the billboard was not compliant. Picture: Isaac McCarthy

He said other digital billboards in the city were permissible as they were “outside the TMR zone of influence”.

“We have to defend TMR policy. Anderson St is a state road. That’s the main issue,” Mr James said.

“(The club) can have a sign, they just can’t have an illuminated one with moving images.”

The club is also citing the device’s location in its grounds of appeal.

“The appellant maintains that the advertising device is not in a location that is considered to endanger the health and safety of persons by impacting a person’s views of the traffic, environment and retracting from traffic control devices,” the document stated.

“Further, the advertising device is situated outside the boundary of, but visible from, a state-controlled road … being Anderson St.”

Originally published as Brothers Leagues Club appeals Cairns Regional Council’s billboard decision in court