Fortius Broadway No 1 Pty Ltd v Minister for Planning; The Owners – Strata Plan No 87881 v Minister for Planning; The Owners – Strata Plan No 88765 v Minister for Planning; The Owners – Strata Plan No 89262 v Minister for Planning [2024] NSWLEC 1730

Land and Environment Court New South Wales

Medium Neutral Citation: Fortius Broadway No 1 Pty Ltd v Minister for Planning; The Owners – Strata Plan No 87881 v Minister for Planning; The Owners – Strata Plan No 88765 v Minister for Planning; The Owners – Strata Plan No 89262 v Minister for Planning [2024] NSWLEC 1730 Hearing dates: Conciliation Conference 24 July and 29 October 2024 Date of orders: 12 November 2024 Decision date: 12 November 2024 Jurisdiction: Class 1 Before: Targett C Decision: Proceedings 2023/37295 The Court orders that: (1) The appeal is upheld. (2) Pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, the Development Control Order issued by the Minister for Planning to Fortius Broadway No 1 Pty Ltd (ACN 634 804 550), dated 10 January 2023, in respect of land identified as Lot 327 in Deposited Plan 1270348, is modified in accordance with the instrument set out in Annexure A. Proceedings 2023/37305 The Court orders that: (1) The appeal is upheld. (2) Pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, the Development Control Order issued by the Minister for Planning to The Owners – Strata Plan No 87881, dated 10 January 2023, in respect of land identified as Strata Plan 87881, is modified in accordance with the instrument set out in Annexure B. Proceedings 2023/37299 The Court orders that: (1) The appeal is upheld. (2) Pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, the Development Control Order issued by the Minister for Planning to The Owners – Strata Plan No 88765, dated 10 January 2023, in respect of land identified as Strata Plan 88765, is modified in accordance with the instrument set out in Annexure C. Proceedings 2023/37297 The Court orders that: (1) The appeal is upheld. (2) Pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, the Development Control Order issued by the Minister for Planning to The Owners – Strata Plan No 89262, dated 10 January 2023, in respect of land identified as Strata Plan 89262, is modified in accordance with the instrument set out in Annexure D. Catchwords: DEVELOPMENT CONTROL ORDER – fire safety order - conciliation conference – agreement between the parties – orders Legislation Cited: Building Products (Safety) Act 2017, ss 9, 17 Environmental Planning and Assessment Act 1979, Sch 5, Pt 2, ss 8.18, 9.35 Land and Environment Court Act 1979, ss 17, 34 Land and Environment Court Rules 2007, r 3.10 Uniform Civil Procedure Rules 2005, rr 36.15, 36.16 Category: Principal judgment Parties: Proceedings 2023/37295 Fortius Broadway No 1 Pty Ltd (Applicant) Minister for Planning (Respondent)