Screnci & Anor v Willoughby City Council [2015] NSWLEC 1444

Screnci & Anor v Willoughby City Council [2015] NSWLEC 1444

On completion of the additional works and certifications as agreed, the subfloor alterations will comply with relevant standards for structural adequacy and code; it is probable that development consent would have been granted had it been sought. Accordingly, the appeal is upheld and an order for the issue of a building certificate is appropriate.

Parties
First Applicant: Joseph Screnci; Second Applicant: Paula Screnci; Respondent: Willoughby City Council
Jurisdiction
Australia
Judgment Date
03 November 2015
Procedural Posture
Appeal Under S 149 F of the Environmental Planning and Assessment Act 1979 / Decision Following Consent Orders
Outcome
Appeal upheld. Court directs Council to issue building certificate subject to specified requirements.
Legal Topics
Building Certificates, Building Code of Australia Compliance, Development Consent, Internal Alterations, Consent Orders
Planning and Environment Law Building and Construction Law Building Certificates Building Code of Australia Compliance Development Consent Internal Alterations Consent Orders

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 4 Party arguments 2
Sign in to unlock

Parties

Joseph Screnci

First Applicant

Paula Screnci

Second Applicant

Willoughby City Council

Respondent

Procedural Posture

Appeal Under S 149 F of the Environmental Planning and Assessment Act 1979 / Decision Following Consent Orders

Legal Issues

  1. 1 Whether a building certificate should be issued for internal alterations of subfloor
  2. 2 Whether requirements for structural adequacy and code compliance are satisfied
  3. 3 Whether probability of development consent being granted supports issuing certificate

Ratio Decidendi

On completion of the additional works and certifications as agreed, the subfloor alterations will comply with relevant standards for structural adequacy and code; it is probable that development consent would have been granted had it been sought. Accordingly, the appeal is upheld and an order for the issue of a building certificate is appropriate.

Court Disposition

Appeal upheld. Court directs Council to issue building certificate subject to specified requirements.

Orders

  • The appeal is upheld.
  • The Court directs the Respondent to issue a building certificate for alterations and additions of subfloor for provision of a pantry, home theatre, corridor and relocation of a powder room at Lot 29 DP 12633 known as 57 Minimbah Road, Northbridge, subject to the fulfilment of the requirements set out in Annexure A.