It's a sign of the times, says estate agent John Chapman. But to council it's "externally illuminated" and unless it comes down it could cost Mr Chapman $6000 a day in fines.
"It" is a for sale sign outside 6-8 Blaxland Road, Wentworth Falls which glows from a light within. The type of sign is commonplace in the city, according to Mr Chapman, but this is the first time one has been seen in the Mountains.
A complaint was made to council - Mr Chapman suspects a rival estate agency - and a terse email arrived from senior environment health and building surveyor, Valerie Fisher.
Quoting planning policy, the email said signs "must 'not be externally illuminated'. As specified in the Oxford Dictionary, the meaning of 'illuminated' is 'to light up, make bright'. An inspection of the sign on 19 August found that an electrical cord is leading from the sign to the inside of the property. Council is satisfied that the sign is illuminated."
Ms Fisher also warned that the sign was too big, being 2.03 square metres, more than the maximum 1.5 square metres. Mr Chapman was directed to remove the sign by 5pm last Monday or face a $6000 fine, with the threat of a further $6000 for each day the sign remained there.
Mr Chapman argued the sign was not externally lit he described it as having "an internal glow" - and asked for more time to consider his position.
He then received another email from Ms Fisher which conceded she had referred to the wrong clause in the planning code and the sign did not breach size limits. But, she insisted, signs must "not be illuminated".
Mr Chapman, a solicitor as well as an estate agent, replied again that the sign "glows internally and there is no external light at all".
He also wrote that Ms Fisher should have known which regulation to apply.
"These regulations were available to you prior to your threats and, frankly, ought to have been known to you prior to making such significant and ongoing $ threats against a ratepayer and associated local businesses."
Mr Chapman said the whole thing had been "unnecessary".
"This is an example of council spending money on proceedings that are ridiculous," he said.
And principal of Wentworth Falls Realty, Jason Paul, said most people thought the sign was great.
"We are getting calls all the time complimenting us on the sign [saying] that it's prestigious and stylish," he said.
Mr Chapman said the email could be seen as "bullying".
"I have a genuine concern as to a perception of possible bullying of ratepayers by this technique of a significant penalty threat," he wrote to Ms Fisher.
He is forwarding the email chain to councillors, the general manager, the local government ombudsman and the minister for local government.
