Ghazi Al Ali Architect P/L v Burwood Council [2019] NSWLEC 1488

Ghazi Al Ali Architect P/L v Burwood Council [2019] NSWLEC 1488

The Court was satisfied the proposed development is capable of achieving a means of fire egress that satisfies the deemed to satisfy provisions of the National Construction Code, and being otherwise compliant with the planning instruments, consent could be granted subject to the filing of amended plans and agreed conditions.

Parties
Applicant: Ghazi Al Ali Architect P/L; Respondent: Burwood Council
Jurisdiction
Australia
Judgment Date
15 October 2019
Procedural Posture
Development Appeal / Hearing and Final Orders
Outcome
Appeal upheld, development consent granted subject to conditions.
Legal Topics
Development Application, Residential Apartment Development, Fire Egress, National Construction Code Compliance
Planning and Environment Development Application Residential Apartment Development Fire Egress National Construction Code Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Ghazi Al Ali Architect P/L

Applicant

Burwood Council

Respondent

Procedural Posture

Development Appeal / Hearing and Final Orders

Legal Issues

  1. 1 Whether the proposed development achieves compliance with the National Construction Code in relation to fire egress
  2. 2 Whether development consent should be granted subject to amended plans and conditions

Ratio Decidendi

The Court was satisfied the proposed development is capable of achieving a means of fire egress that satisfies the deemed to satisfy provisions of the National Construction Code, and being otherwise compliant with the planning instruments, consent could be granted subject to the filing of amended plans and agreed conditions.

Court Disposition

Appeal upheld, development consent granted subject to conditions.

Orders

  • Leave granted to amend development application as per Condition 1(a) of Annexure 'A'.
  • The appeal is upheld.