City of Botany Bay Council v Zhou [2011] NSWLEC 32

Land and Environment Court New South Wales

Medium Neutral Citation: City of Botany Bay Council v Zhou [2011] NSWLEC 32 Hearing dates: 2 March 2011 Decision date: 02 March 2011 Before: Craig J Decision: 1. From 2 May 2011 the first respondent and the second respondent must cease to use the development located at 20 Rolfe Street Rosebery NSW as a boarding house, guest house, hostel, place of shared accommodation and the like, unless and until the first respondent and the second respondent install throughout the development an automatic smoke detection and alarm system to a standard expressed under Australian Standard 1670.1 and ensure the said smoke detection system activates a building occupant warning system to satisfy the provisions of Clause 6(b) - Specification E2.2a BCA Volume 1 2009 Edition. 2. Within 7 days of installing the automatic smoke detection and alarm system referred to at 1 above, the first respondent and the second respondent must inform the applicant of the installation and provide to the applicant evidence that the said automatic smoke detection and alarm system complies with a standard expressed under Australian Standard 1670.1 and satisfies the provisions of Clause 6(b) - Specification E2.2a Building Code of Australia Volume 1, 2009 edition. 3. The first and the second respondents must on or before 2 May 2011 submit to the applicant an annual Fire Safety Statement for the 2011 annual period. 4. The first respondent and the second respondent to pay 50 percent of the applicant's costs as agreed or assessed. 5. Exhibits may be returned. Catchwords: CIVIL ENFORCEMENT:- order under s 121B of the Environmental Planning and Assessment Act 1979 - failure of proprietors to install a smoke detection and fire alarm system - potential hazard presented to occupants - no necessity to go behind s 121B notice - mandatory injunction granted - extension of time given to comply with order Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: South Sydney City Council v Hexiva Pty Ltd [2001] NSWLEC 172; (2001) 120 LGERA 146 Category: Principal judgment Parties: City of Botany Bay Council (Applicant) Weisen Zhou (First Respondent) Nicola Finamore (Second Respondent) Representation: Counsel: S Sneider (Solicitor) (Applicant) No appearance (First Respondent) No appearance (Second Respondent) Solicitors: Houston Dearn O'Connor (Applicant) N/A (First Respondent) N/A (Second Respondent) File Number(s): 40652 of 2010