The Owner Strata Plan 80129 v Bankstown City Council [2013] NSWLEC 1266

Land and Environment Court New South Wales

Medium Neutral Citation: The Owner Strata Plan 80129 v Bankstown City Council [2013] NSWLEC 1266 Hearing dates: 24 June 2013 Decision date: 24 June 2013 Jurisdiction: Class 1 Before: Dixon C Decision: See orders following paragraph 17 Catchwords: APPEAL - fire safety order - 121B of the Environmental Planning and Assessment Act 1979 Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: The Owner Strata Plan 80129 (Applicant)

Bankstown City Council (Respondent) Representation: Mr N Eastman (Applicant)

Mr D Baird (Respondent) Makinson d'Apice (Applicant)

Marsdens Lawyers (Respondent) File Number(s): 11150 of 2012

Ex tempore Judgment

Introduction 1COMMISSIONER: These proceedings (Matter No: 11150/2012) between the applicant, The Owner Strata Plan 80129 and the respondent, Bankstown City Council, concern an appeal against an order issued by the Council to the applicant pursuant to s 121B of the Environmental Planning and Assessment Act 1979 (EP&A Act) on 19 October 2012 (the Order). 2The proceedings were the subject of a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (the Act). At the conference the parties were unable to reach agreement about the matters in dispute so the conference was terminated and the matter was listed for hearing today. 3Just prior to today's hearing date however, the Court was informed that the parties had in fact reached an agreement - based on matters that had been discussed in the s 34 conferences. The parties now request that the matter be dealt with by way of a consent orders. 4The parties agree that the Court can have regard to the evidence given during the s 34 conferences including the matters discussed at the commencement of the onsite conference and during the inspection of the development on 30 January 2013. They also agree that the Court can have regard to the input from Fire and Rescue New South Wales and the evidence Council's Senior Building Surveyor Mr Harry Lambros given during the conference. 5I have been today provided with some reports in respect of investigations, which support the making of the consent orders that have been filed with the Court today. They are: Exhibit C, which is an expert report, prepared by Mr Lee Clark of AED Consulting dated 13 May 2013. The report relates to fire and smoke modelling of the development. Exhibit D, which is a further expert report, prepared by Mr Nathan Halstead of AED Consulting, dated 13 May 2013. The report relates to the requirements of the Council fire order for the development. Exhibit E, which is a town planning report prepared by Anthony Rowan of ARPL dated 22 May 2013. The report relates to advise about the potential planning implications arising from the recommendations contained in the statement of evidence of Nathan Halstead (Exhibit C). Exhibit B, which is a photograph of the premises that shows the area or part of the area that I observed when I attended the view on 30 January 2014. 6The amended statement of facts and contentions dated 24 April 2013 which is (Exhibit 8) records that the parties are in agreement about the following matters: