Manawar Pty Limited v City of Sydney Council (No. 2) [2007] NSWLEC 754

Land and Environment Court of New South Wales

CITATION : Manawar Pty Limited v City of Sydney Council (No. 2) [2007] NSWLEC 754

APPLICANT Manawar Pty Limited PARTIES : RESPONDENT City of Sydney Council

FILE NUMBER(S) : 10872 of 2006

CORAM: Bly C

KEY ISSUES: Appeal :- fire safety

LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s121B

DATES OF HEARING: 05/07/2007

EX TEMPORE JUDGMENT DATE : 5 July 2007

APPLICANT Ms J. Reid, solicitor of Pike Pike and Fenwick LEGAL REPRESENTATIVES:

RESPONDENT Mr T. March, solicitor of Home Wilkinson Lowry

JUDGMENT: - 1 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

5 July 2007

10872 of 2006 Manawar Pty Limited v City of Sydney Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 COMMISSIONER: Existing on the site at 5-9A Roslyn Street Kings Cross are several older style buildings of two to three storeys which buildings are utilised for the purposes of a restaurant, a residence, a café and a shop.

2 On 30 May 2007 the Court upheld an appeal in relation to this site involving the demolition of these buildings and the construction of a new four storey building. On 19 September 2006 the applicant lodged an appeal with the Court in relation to a s 121B-6 fire safety order which order required the carrying out of certain works and actions for the purposes of ensuring the fire safety of those existing buildings. When the development consent was granted by the Court for the redevelopment of this site, the circumstances associated with the matter of fire safety changed, given the not unreasonable anticipation that these buildings would, in the relatively near future, be demolished.