Stardust Circus says Maitland council's interpretation of a piece of state government legislation is crippling its efforts to advertise upcoming shows.
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The council says the circus' corflutes and inflatable clowns are in breach of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and must be removed. The circus disagrees.
Shannon Dennis, who is part of the circus' advertising department, said they were well versed in the act and hadn't had any problems placing their advertising material on private property in other Local Government Areas (LGAs) across the state, which are governed by the same policy.
He said a Maitland council ranger entered a private property on Cessnock Road at Gillieston Heights on March 2 and removed corflutes that had been placed on a fence. It is also alleged that the ranger unplugged an inflatable clown.
Mr Dennis said the ranger then knocked on the door and told the landowners they would face a $3500 fine if they put the corflutes or the clown back up.
A Maitland council spokesman said "at no time did a Maitland City Council employee forcibly access private property to remove advertising material".
Mr Dennis has a photo of the council ranger's identification badge, which the landowners took during their conversation with him. He has shared this with The Mercury.
"According to the exemption codes for any temporary events you are permitted to put at least 1 banner and 1 sign minimum on any private property provided it's no more than 14 days before the start date and as long as its taken down within 2 days of the finish date," Mr Dennis said.
Mr Dennis said he spoke to the ranger, who maintained his stance on the rules and referred him to council's compliance manager.
Mr Dennis said sharing an email with the council's compliance manager, which proved other councils across NSW had allowed them to advertise on private land under the same policy, did not help to resolve the matter.
He said the manager concluded that was their interpretation of the legislation.
The council stood by their interpretation when questioned by The Mercury.
"It is Maitland City Council's position that the event organisers have placed several advertisements across the LGA that are in breach of the SEPP," the spokesman said.
"Signage regulations are in place to ensure fairness for local business and incoming event organisers.
"Council rangers are consistent in their approach to enforcement in order to minimise unauthorised advertising that may impact community safety."
The spokesman said the council had "worked with event organisers to ensure a practical, collaborative arrangement".
Mr Dennis received a similar email but says exactly how the council was going to help wasn't clear.
When he contacted the council on Wednesday to check if the signs at Gillieston Heights could go back up, he says he was told they were a safety risk.
An email from the compliance manager to Mr Dennis, which has been viewed by The Mercury, said "signage placement is restricted to designated properties and must adhere to specific guidelines".
The email went on to say "signage is permitted on one property for temporary events, in accordance with the SEPP" and "it is outlined that signage should not be located within residential zones".
Mr Dennis said he already knew that and the Gillieston Heights site was not zoned residential.
The email also stipulated that signs are not allowed on public land, which Mr Dennis said he was aware of.
The circus runs from March 14 to 24 at Maitland Showground.
Belinda-Jane Davis
Passionate about community news
Passionate about community news
