Desa v Willoughby City Council [2025] NSWLEC 1096

Desa v Willoughby City Council [2025] NSWLEC 1096

Upon parties’ agreement in conciliation and in the absence of grounds under relevant legislation to withhold it, the Court should direct the council to issue a building information certificate after rectification works are completed to its satisfaction.

Parties
First Applicant: Mark Desa; Second Applicant: Daisy Desa; Respondent: Willoughby City Council
Jurisdiction
Australia
Judgment Date
21 February 2025
Procedural Posture
Development Appeal / Final Determination Following Conciliation Conference
Outcome
Appeal upheld
Legal Topics
Building Information Certificate, Unauthorised Works, Rectification Works, Development Standards
Planning and Environment Building Information Certificate Unauthorised Works Rectification Works Development Standards

Case Brief

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Parties

Mark Desa

First Applicant

Daisy Desa

Second Applicant

Willoughby City Council

Respondent

Procedural Posture

Development Appeal / Final Determination Following Conciliation Conference

Legal Issues

  1. 1 Whether a building information certificate should be issued for fence and decking works undertaken without consent
  2. 2 Whether the works comply with relevant planning controls, safety standards, and building codes

Ratio Decidendi

Upon parties’ agreement in conciliation and in the absence of grounds under relevant legislation to withhold it, the Court should direct the council to issue a building information certificate after rectification works are completed to its satisfaction.

Court Disposition

Appeal upheld

Orders

  • The appeal is upheld.
  • Upon the Respondent being satisfied that specified rectification works (fence height reductions and removal of decking within prescribed areas) have been carried out, the Respondent is directed, within 14 days, to issue a building information certificate for the boundary fence and decking at 67 Tindale Road, Artarmon.