The Owners Strata Plan No. 98554 v Newcastle City Council [2023] NSWLEC 1677

Land and Environment Court New South Wales

Medium Neutral Citation: The Owners Strata Plan No. 98554 v Newcastle City Council [2023] NSWLEC 1677 Hearing dates: Conciliation Conference on 8 November 2023 Date of orders: 14 November 2023 Decision date: 14 November 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Fire safety order No. 1 dated 22 December 2022 issued by the Respondent to the Applicant pursuant to Div 9.3 and Sch 5, Pt 2 of the Environmental Planning and Assessment Act 1979 in respect of premises identified as Lot 1-15 and CP in SP 98554 and known as 2 Veda Street, Hamilton is modified in the terms set out at Annexure A. (3) Fire safety order No. 1 dated 22 December 2022 issued by the Respondent to the Applicant pursuant to Div 9.3 and Sch 5, Pt 2 of the Environmental Planning and Assessment Act 1979 in respect of premises identified as Lot 1-15 and CP in SP 98554 and known as 2 Veda Street, Hamilton as modified by the Court is Annexure B. Catchwords: DEVELOPMENT CONTROL ORDER APPEAL – fire safety – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 6.7, 8.18, 9.34, Div 9.3, Sch 5, Pts 2, 4, cl 29 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, s 26 Texts Cited: Australian Building Codes Board, Australian Fire Engineering Guidelines, 2021 Category: Principal judgment Parties: The Owners Strata Plan No. 98554 (Applicant) Newcastle City Council (Respondent) Representation: Counsel: C Koikas (Applicant) A Sinclair (Solicitor) (Respondent)