NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Fardous and Saab Pty Ltd v Georges River Council [2023] NSWLEC 1404 Hearing dates: 3 July 2023 Date of orders: 27 July 2023 Decision date: 27 July 2023 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, the Development Control (Fire Safety) Order made under Div 9.3 and Sch 5, Pt 2 (Order 1) of the Environmental Planning and Assessment Act 1979 dated 5 September 2022 in respect of the property contained in Lot 77 in Deposited Plan 2022 and Lot 76 in Deposited Plan 3875 known as 36-38 Waterview Street, Carlton, NSW 2118 is modified in accordance with Annexure A. (3) The exhibits are retained. Catchwords: FIRE SAFETY ORDERS – standard of work - compliance Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.18, 9.34, 9.35, Div 9.3, Sch 5, Pt 2 Land and Environment Court Act 1979, ss 17, 39 Texts Cited: Australian Uniform Building Regulations Co-ordinating Council, Building Code of Australia, 1988 Category: Principal judgment Parties: Fardous and Saab Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: J Reid (Applicant) J Fan (Solicitor) (Respondent)
Solicitors: One Group Legal (Applicant) Georges River Council (Respondent) File Number(s): 2022/295282 Publication restriction: No
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