Solowave Pty Limited v City of Sydney Council

[2008] NSWLEC 1535

Land and Environment Court

of New South Wales

CITATION:

Solowave Pty Limited v City of Sydney Council [2008] NSWLEC 1535

PARTIES:

APPLICANT
Solowave Pty Limited

RESPONDENT
City of Sydney Council

FILE NUMBER(S):

20880 of 2007

CORAM:

Murrell C

KEY ISSUES:

Appeal :- Place of Public Entertainment; BCA and Fire and Evacuation requirements, consent orders.

LEGISLATION CITED:

Environmental Planning and Assessment Act 1979
Local Government Act 1919

DATES OF HEARING:

10 April 2008 and 17 April 2008

EX TEMPORE JUDGMENT DATE:

17 April 2008

LEGAL REPRESENTATIVES:

APPLICANT
Mr Whealy (solicitor)

RESPONDENT
Ms L Byrne (solicitor)
of City Prosecutors Office

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Murrell C

17 April 2008

20880 of 2007 Solowave Pty Limited v City of Sydney Council

JUDGMENT

1 This matter has come before the Court as Consent Orders. The applicant is seeking a POPE, place of public entertainment, for 400 persons at the premises known as 31-33 Oxford Street, Surry Hills also known as the DCM Hotel.

2 There has been an amendment to the provisions of the legislation establishing a new regime. The transitional provisions allow this POPE to operate until 26 October 2009 as opposed to the normal two year period at which time the applicant will need to seek a further POPE licence.

3 The Court required a further report in this matter concerning evacuation and fire. The applicant has now provided a report from Mr Barry Eady, a BCA fire consultant in these proceedings. The access and egress, in particular the exits, to the proposed nightclub establishment have been assessed in terms of deem to satisfy and the performance guidelines. In terms of the performance guidelines, exhibit C provides an assessment of evacuation in terms of numbers of persons capable of exiting within the criteria established under the BCA and the proposal, while it falls short of the deemed to satisfy, Mr Eady is satisfied that the deem to satisfy alternative solution is one which will allow for evacuation of the premises in a slightly faster method than if the deemed to satisfy provisions were strictly adhered to. As such he is satisfied that the alternative solution and the minor departure provides for a satisfactory alternative for this emergency evacuation procedures.

4 The Court now with the benefit of the fire expert’s report sees no reason as to why the consent orders should now not be granted to the POPE. The council has provided a number of conditions that the applicant agrees to.

5 As such the formal orders of the court for the consent orders as agreed between the parties are:

1 The appeal in respect of the application for a POPE is upheld.
2 In accordance with the conditions, which will be attached as annexure A as agreed between the parties.
3 The exhibits may be returned with the exception of 7, 8, A, C and D

___________________

J S Murrell
Commissioner of the Court
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