Frisoli v Leichhardt C [2005] NSWLEC 451

Frisoli v Leichhardt C [2005] NSWLEC 451

The court found that the pool house, as constructed, is capable of being used as a separate dwelling contrary to the development consent and that certain kitchen appliances must be removed to comply. The roof of the pool house, though not completely built to plan, does not require demolition except for the modification of the western eave gutter. The occupation certificate was refused; the building certificate is to be issued subject to conditions.

Parties
Applicant: Albert Frisoli; Respondent: Leichhardt Council
Jurisdiction
Australia
Judgment Date
15 August 2005
Procedural Posture
Appeal / Ex Tempore Judgment Following Appeal Hearing
Outcome
Appeal No. 10486 dismissed; Appeal No. 10485 allowed in part with conditions
Legal Topics
Building Certificate, Occupation Certificate, Development Consent, Compliance With Consent
Planning and Environment Building Certificate Occupation Certificate Development Consent Compliance With Consent

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 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Albert Frisoli

Applicant

Leichhardt Council

Respondent

Procedural Posture

Appeal / Ex Tempore Judgment Following Appeal Hearing

Legal Issues

  1. 1 Whether the building has been constructed in accordance with the development consent and construction certificate
  2. 2 Whether the pool house is capable of being used as a separate dwelling
  3. 3 Whether the approval of building and occupation certificates is in the public interest

Ratio Decidendi

The court found that the pool house, as constructed, is capable of being used as a separate dwelling contrary to the development consent and that certain kitchen appliances must be removed to comply. The roof of the pool house, though not completely built to plan, does not require demolition except for the modification of the western eave gutter. The occupation certificate was refused; the building certificate is to be issued subject to conditions.

Court Disposition

Appeal No. 10486 dismissed; Appeal No. 10485 allowed in part with conditions

Orders

  • Appeal No. 10486 of 2005 dismissed.
  • In Appeal No. 10485 of 2005, Leichhardt Council directed to issue a Building Certificate subject to applicant refitting the western eave gutter as per Exhibit G.