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Council wins orders against fire hazard warehouse in Carlton

04/02/2021

On 24 December 2020, Georges River Council was successful in obtaining orders in the Land and Environment Court of NSW relating to premises at a warehouse in Carlton considered to be a fire hazard.

The warehouse, located at 36-38 Waterview Street, Carlton is in an industrial zone, immediately adjacent to a residential area.

In Georges River Council v Tyre Nation Pty Ltd & Anor, his Honour Justice Moore declared that Tyre Nation (the business operator) had been unlawfully using the land without development consent, breaching the Environmental Planning and Assessment Act 1979.

The Court also declared that the site’s owner Fardous and Saab Pty Ltd had failed to comply with a Fire Safety Order issued by Council.

The premises had been used to unlawfully store a large amount of commercial tyres and flammable products which created a significant fire hazard for the local community.

In February 2020, the Council had warned the land owner and the business operator of the fire risks and issued a Fire Safety Order setting out measures required to rectify the problems. However, the Order was ignored, which resulted in Council instigating proceedings to protect the community and uphold the law.

His Honour Justice Moore also accepted the Council’s argument that development consent was required for the occupants to carry out the current use of the premises, rejecting the argument of the operator that it was exempt development under law.

During the course of the hearing, the operator also removed the mezzanine level of the building and all tyres that had been stored on that level.

The Court also accepted the Council’s expert fire safety evidence and imposed an interim regime to upgrade the building to a reasonable level of, “fire and life safety”. That regime requires a schedule of works to be carried out, commencing in January 2021.

Council’s compliance team is monitoring the site to ensure compliance with the orders. Failure to comply with the Court’s regime could result in contempt of Court proceedings being brought against Tyre Nation Pty Limited.

The Court further ordered that Council was entitled to be appropriately reimbursed for its costs in initiating and successfully pursuing the proceedings from both respondents. For more information on Georges River Council, please visit www.georgesriver.nsw.gov.au or call 9330 6400.
 

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