Perpetual Trustee Company Limited trading as Perpetual Trustee Company Limited v The Council of the City of Sydney [2023] NSWLEC 1722

Land and Environment Court New South Wales

Medium Neutral Citation: Perpetual Trustee Company Limited trading as Perpetual Trustee Company Limited v The Council of the City of Sydney [2023] NSWLEC 1722 Hearing dates: Conciliation conference on 12 September 2023, 3 November 2023 and 15 November 2023 Date of orders: 30 November 2023 Decision date: 30 November 2023 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Control Order No FIRE/2023/11, issued to the Applicant on 23 March 2023 in relation to 135 King Street, Sydney (being Lot 152 Deposited Plan 792149), which was modified on 20 September 2023, is further modified pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 in the terms set out in Annexure A. Catchwords: DEVELOPMENT CONTROL ORDER – fire safety – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.18, 9.34, Sch 5 Pt 2, cll 23, 27 Environmental Planning and Assessment Regulation 2000, s 162D Environmental Planning and Assessment Regulation (Development Certification and Fire Safety) Regulation 2021, s 84, Sch 1, cl 2 Land and Environment Court Act 1979, ss 17, 34 Local Government Act 1919, Ordinance 70 Texts Cited: Standards Australia, Australian Standard AS 2419.1-2005, 2005 Australian Building Codes Board, National Construction Code 2022 Volume One - Building Code of Australia, 2022 Fire & Rescue NSW, Performance Based Design Brief, 2023 Category: Principal judgment Parties: Perpetual Trustee Company Limited trading as Perpetual Trustee Company Limited (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: B Salon (Solicitor) (Applicant) A Singh (Solicitor) (Respondent)