NSW Caselaw
Land and Environment Court of New South Wales
CITATION : The Owners Strata Plan 16878 v Sydney City Council [2009] NSWLEC 1137
APPLICANT The Owners Strata Plan 16878 PARTIES : RESPONDENT Sydney City Council
FILE NUMBER(S) : 10606 of 2008
CORAM: Hussey C
KEY ISSUES: SECTION 121B ORDER :- Fire Order, Necessity to install sprinklers to achieve adequate fire safety/awareness
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
CASES CITED: Owners of Strata Plan 15629 v Sydney City Council [2008] NSWLEC 6 Acorn Cove Pty Ltd v Sydney City Council [2008] NSWLEC 1362
DATES OF HEARING: 19/12/2008 and 23/02/2009
DATE OF JUDGMENT: 6 May 2009
APPLICANT Mr G. Newport, barrister Instructed by Cordato Partners LEGAL REPRESENTATIVES: RESPONDENT Mr M. Baird, barrister Instructed by Sydney City Council
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
6 May 2009
10606 of 2008 The Owners Strata Plan 16878 v Sydney City Council
JUDGMENT
Background 1 This appeal was lodged against the requirements a s 121B Order which required fire safety upgrading works, including the installation of a sprinkler system in a 15 level commercial building located at 49-51 York Street, Sydney. The applicant contends that the requirement for the sprinkler system component is unreasonable and this is the sole issue in this matter.
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