Event and Time
Event Description
In this case, the development control order (DCO) issued by the Council of the City of Sydney related to fire safety requirements for a mixed-use building located at 135 King Street, Sydney. The order was challenged by the Applicant, who was the registered proprietor of the property. After a series of conciliation conferences, an agreement was reached that resulted in modifications to the DCO.
Application and Claims
The Applicant appealed against Development Control Order No. FIRE/2023/11 issued on 23 March 2023. The appeal was lodged under § 8.18(1) of the Environmental Planning and Assessment Act 1979 (EPA Act). Key claims by the Applicant included:
- The DCO regarding the fire hydrant system was not based on non-compliance but rather was due to changes in operational procedures of Fire & Rescue NSW (FRNSW).
- The existing fire hydrant system was compliant with standards applicable at the time of the building's construction in 1987.
Judicial Decisions
The Court upheld the appeal and modified the DCO as agreed between the parties, allowing for updates to the Fire Safety Schedule and a compliance period extension. The modification was made under s 8.18(4)(b) of the EPA Act, confirming that the parties’ decision satisfied jurisdictional prerequisites.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Position:
- The Applicant contended that the DCO was imposed due to changes in FRNSW's operations and was not a result of any fault or non-compliance on their part. - The existing fire hydrant system complied with regulations at the time of construction.
- Council's Position:
- The Council issued the DCO based on a significant fire safety issue identified in the current operational context, which necessitated an upgrade to the hydrant system.