Barbara St Pty Ltd v Fairfield City Council (No 2) [2021] NSWLEC 1208

Barbara St Pty Ltd v Fairfield City Council (No 2) [2021] NSWLEC 1208

The Court found, upon satisfaction of evidence provided, that residents affected by the stop use order would be able to arrange satisfactory alternative accommodation locally as required by statute, allowing it to proceed with the orders previously proposed.

Parties
Applicant: Barbara St Pty Ltd; Respondent: Fairfield City Council
Jurisdiction
Australia
Judgment Date
29 April 2021
Procedural Posture
Appeal / Final Orders
Outcome
The appeal is determined by final orders modifying the development control order as set out by the Court.
Legal Topics
Development Control Order, Unauthorised Development, Fire Safety, Homelessness Risk
Environmental Law Planning Law Development Control Order Unauthorised Development Fire Safety Homelessness Risk

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Parties

Barbara St Pty Ltd

Applicant

Fairfield City Council

Respondent

Procedural Posture

Appeal / Final Orders

Legal Issues

  1. 1 Whether the issuance of a stop use order should be modified to account for potential homelessness of residents affected by the development control order
  2. 2 Whether sufficient evidence demonstrates the availability of alternative accommodation as required under cl 2(1) of Sch 5 of the Environmental Planning and Assessment Act 1979

Ratio Decidendi

The Court found, upon satisfaction of evidence provided, that residents affected by the stop use order would be able to arrange satisfactory alternative accommodation locally as required by statute, allowing it to proceed with the orders previously proposed.

Court Disposition

The appeal is determined by final orders modifying the development control order as set out by the Court.

Orders

  • The general order 1 issued by the Council on 5 February 2020 is modified.
  • Barbara St Pty Ltd is to stop the use of Units 2, 2A, 3A, 4A, 3, 4 and 7A (formerly known as Units 2, 3, 4, 5, 6, 7 and 11) located at 35 Barbara Street, Fairfield, within 14 days of the date that this order takes effect.