The City of Ballarat will find itself in the unusual position of paying for legal advice to represent both sides of an argument at VCAT.
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It comes as councillors approved an officer recommendation to attempt to reverse a previous planning decision.
The unusual case came before council on Wednesday night after the City of Ballarat's planning department issued a notice of decision to grant a permit for the nine metre by three metre sign.
A council officer explained to councillors the original notice was issued by a planning officer, after a heritage advisor had noted there was already "an obtrusive sign" in place.
A planning permit would allow council to implement more controls on a sign, where none currently exist, that officer said.
However, the original decision was opposed by Terry Demeo, the former director of infrastructure and environment, who wrote a report recommending councillors take the matter further to VCAT and overturn the original decision.
The Ballarat mayor Cr Ben Taylor opposed the recommendation, asking "How is the council going to oppose itself in VCAT?"
I don't understand how council can take itself to VCAT
- Mayor Cr Ben Taylor
While Crs Des Hudson and Mark Harris agreed - both of whom wanted to stick to the original planning decision for the sign - they were in the minority.
Cr Harris said he had "no problem" with this sign and that it would help get controls in place.
Under the conditions of the permit, City of Ballarat planners stipulated the sign would only be active between 7am and sunset.
The proposed billboard would stand on the roof of 101-107 Sturt Street where an existing, badly graffiti-ed sign is already in place.
The proposal is strongly opposed by Ballarat Heritage Watch. One submission pointed out that another proposed electronic sign on Creswick Road had previously been rejected by councillors.
Supporters of the billboard have said it would improve upon what is already in place.
A majority of councillors voted to move against the original decision and to take the matter to VCAT.
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