Event and Time
Event Description
This case involved a Class 1 appeal under the Environmental Planning and Assessment Act 1979 concerning a Fire Safety Order issued to the applicant regarding a property at 232-234 Campbell Parade, Bondi Beach. The case centered on the safety concerns related to the combustible external cladding of a residential flat building.
Application and Claims
- Parties Involved:
- Applicant: Owner of the property at 232-234 Campbell Parade. - Respondent: Relevant authority that issued the Fire Safety Order.
- Claims:
- The Applicant appealed the Fire Safety Order mandating the removal and replacement of combustible cladding.
- Legal Basis for Claim:
- Section 8.18 of the Environmental Planning and Assessment Act 1979 (EPA Act) allows for modification of orders under specific conditions.
Judicial Decisions
- The Court held a conciliation conference on 6 May 2021 where the parties reached an agreement.
- The original Fire Safety Order was upheld and modified to allow the Applicant to access the NSW Government’s “Project Remediate” for funding and oversight related to cladding removal.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Arguments:
- The current order mandated removal of the existing cladding and replacement with a non-combustible equivalent. - The Applicant sought to modify the order to facilitate access to financial support for compliance with fire safety standards.
- Respondent's Position: