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. 3 The question of fire safety for these buildings has now been attended to in various ways and in this regard I have been provided with a bundle of documents which have now become Exhibit A. Those documents contain an executed fire safety certificate. In addition there are various progress reports provided by the applicant to the council as to actions and works that have been effected in relation to the fire safety of these buildings. The parties have now come to the Court with proposed consent orders, which have become Exhibit B, the council now being satisfied that the fire safety arrangements provided for in these orders are appropriate and sufficient in the circumstances. 4 Having considered the approach indicated by these draft orders and the fire safety certificate, I have decided that the appeal should, as sought, be dismissed and the orders numbered 2 through 5, in Exhibit B, will be made. Those orders relevantly contain two notes that the applicant has carried out some interim measures to address essential fire safety measures and also make reference to the development consent issued by the Court. Exhibits A and B are retained. ___________________ T A Bly Commissioner of the Court ljr DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.