Manawar Pty Limited v City of Sydney Council (No. 2)

[2007] NSWLEC 754

Land and Environment Court

of New South Wales

CITATION:

Manawar Pty Limited v City of Sydney Council (No. 2) [2007] NSWLEC 754

PARTIES:

APPLICANT
Manawar Pty Limited

RESPONDENT
City of Sydney Council

FILE NUMBER(S):

10872 of 2006

CORAM:

Bly C

KEY ISSUES:

Appeal :- fire safety

LEGISLATION CITED:

Environmental Planning and Assessment Act 1979, s121B

DATES OF HEARING:

05/07/2007

EX TEMPORE JUDGMENT DATE:

5 July 2007

LEGAL REPRESENTATIVES:

APPLICANT
Ms J. Reid, solicitor
of Pike Pike and Fenwick

RESPONDENT
Mr T. March, solicitor
of Home Wilkinson Lowry

JUDGMENT:

- 1 -

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Bly C

5 July 2007

10872 of 2006 Manawar Pty Limited v City of Sydney Council

This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT

1 COMMISSIONER: Existing on the site at 5-9A Roslyn Street Kings Cross are several older style buildings of two to three storeys which buildings are utilised for the purposes of a restaurant, a residence, a café and a shop.

2 On 30 May 2007 the Court upheld an appeal in relation to this site involving the demolition of these buildings and the construction of a new four storey building. On 19 September 2006 the applicant lodged an appeal with the Court in relation to a s 121B-6 fire safety order which order required the carrying out of certain works and actions for the purposes of ensuring the fire safety of those existing buildings. When the development consent was granted by the Court for the redevelopment of this site, the circumstances associated with the matter of fire safety changed, given the not unreasonable anticipation that these buildings would, in the relatively near future, be demolished.

3 The question of fire safety for these buildings has now been attended to in various ways and in this regard I have been provided with a bundle of documents which have now become Exhibit A. Those documents contain an executed fire safety certificate. In addition there are various progress reports provided by the applicant to the council as to actions and works that have been effected in relation to the fire safety of these buildings. The parties have now come to the Court with proposed consent orders, which have become Exhibit B, the council now being satisfied that the fire safety arrangements provided for in these orders are appropriate and sufficient in the circumstances.

4 Having considered the approach indicated by these draft orders and the fire safety certificate, I have decided that the appeal should, as sought, be dismissed and the orders numbered 2 through 5, in Exhibit B, will be made. Those orders relevantly contain two notes that the applicant has carried out some interim measures to address essential fire safety measures and also make reference to the development consent issued by the Court. Exhibits A and B are retained.

___________________

T A Bly
Commissioner of the Court
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