Acorn Cove Pty Limited v Sydney City Council [2008] NSWLEC 1352

Land and Environment Court of New South Wales

CITATION : Acorn Cove Pty Limited v Sydney City Council [2008] NSWLEC 1352

APPLICANT Acorn Cove Pty Limited PARTIES : RESPONDENT Sydney City Council

FILE NUMBER(S) : 11330 of 2007

CORAM: Tuor C

Appeal :- fire safety order KEY ISSUES: whether fire safety system adequate

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 05/08/2008

EX TEMPORE JUDGMENT DATE : 5 August 2008

APPLICANT Mr A Pickles, barrister instructed by Mr G McKimm, solicitor LEGAL REPRESENTATIVES:

RESPONDENT Mr M. Baird, barrister Instructed by Mr M. Fozzard, solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

5 August 2008

11330 of 2007 Acorn Cove Pty Limited v Sydney City Council

JUDGMENT 1 This is an appeal against a fire safety order under s 121B - Order 6 of the Environmental Planning and Assessment Act 1979 issued by the City of Sydney Council on 4 December 2007, for the premises at 375-379 Riley Street, Surry Hills. The premises are three adjoining terraces, which enjoy existing use rights for use as a brothel.

2 The terms of the Order 6 specified works to be carried out. The applicant appealed against a number of these works.

3 A conference under s 34 of the Land and Environment Court Act 1979 was held on 2 June 2008. At the termination of the conference, the only matter that remained in dispute was whether the applicant should be required to install an automatic sprinkler system (4.01 of the Order). The applicant instead proposes a smoke detector and an alarm system.