Formal Wear Rentals Pty Ltd Trading as Signature Brothers v Fairfield City Council [2009] NSWLEC 1184

Land and Environment Court of New South Wales

CITATION : Formal Wear Rentals Pty Ltd Trading as Signature Brothers v Fairfield City Council [2009] NSWLEC 1184

APPLICANT Formal Wear Rentals Pty Ltd PARTIES : Trading as Signature Brothers

RESPONDENT Fairfield City Council

FILE NUMBER(S) : 11178 of 2008 and 11179 of 2008

CORAM: Hussey C

KEY ISSUES: DEVELOPMENT APPLICATION :- Issue of Building Certificate, Structural adequacy and BCA fire safety; s96 modification to Use

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Fairfield Local Environmental Plan 1994 Building Code of Australia

DATES OF HEARING: 29 April 2009, 2 June 2009

EX TEMPORE JUDGMENT DATE : 2 June 2009

APPLICANT Mr A Galasso (SC) SOLICITOR Ritchie and Castella LEGAL REPRESENTATIVES:

RESPONDENT Mr C Gough (Solicitor) SOLICITOR Storey and Gough

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

2June 2009

11178of 2008 11179 of 2008 Formal Wear Rentals Pty Ltd T/A Signature Brothers v Fairfield City Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT Background. 1 These proceedings comprise the following 2 appeals concerning a formal wear showroom at No 36 Toohey Road, Wetherill Park, which the parties agreed be heard concurrently o Appeal No 11178/08; an appeal against the refusal to issue a Building Certificate (B/C), in respect of an existing mezzanine floor within the existing factory unit. o Appeal No 11179/08; an appeal against council's refusal to allow a s96 application to modify the consent in respect the inclusion of the mezzanine floor and hours of operation. 2 The mezzanine floor has been constructed and the main issue with the B/C appeal concerns compliance with the BCA provisions, in terms of safe exits, various detailing and structural adequacy of the works.