Kallinosis v Woollahra Municipal Council [2017] NSWLEC 1673

Land and Environment Court New South Wales

Medium Neutral Citation: Kallinosis v Woollahra Municipal Council [2017] NSWLEC 1673 Hearing dates: 17 November 2017 Date of orders: 30 November 2017 Decision date: 30 November 2017 Jurisdiction: Class 1 Before: Gray C Decision: (1) The appeal is upheld. (2) Development consent is granted for the construction of a fire wall and other internal works at 11 Black Street, Vaucluse and to change the use of the premises from a dwelling and a boarding house to two attached boarding houses (classified as two Class 1b buildings under the Building Code of Australia), subject to the conditions of development consent in Annexure A. (3)The exhibits are returned, except for Exhibit C. Catchwords: DEVELOPMENT APPEAL - Appeal against consent for attached boarding houses subject to conditions - condition requiring installation of fire sprinklers - compliance with BCA - adequacy of BCA provisions – whether fire sprinklers required under conditions of consent – fire sprinklers not required if deemed-to-satisfy provisions met – should not mandate performance solution if there is evidence that deemed-to-satisfy can be met Legislation Cited: Environmental Planning and Assessment Act 1979 ss 79C, 97, 121B Land and Environment Court Act 1979 s 39 Environmental Planning and Assessment Regulation 2000 cl 94, 131, 143 National Construction Code; Building Code of Australia Cases Cited: Kallinosis & Anor v Woollahra Council [2017] NSWLEC 1290 Inquest into the death of Connie Zhang (Coroners Court (NSW), H Dillon, 18 September 2015, unrep) Category: Principal judgment Parties: Lucas Kallinosis (First Applicant) Barbara Kallinosis (Second Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Ms A Pearman (First and Second Applicants) Mr C Zoppo (Solicitor) (Respondent)