Zoro Developments Pty Ltd v Northern Beaches Council [2020] NSWLEC 1349

Zoro Developments Pty Ltd v Northern Beaches Council [2020] NSWLEC 1349

The statutory requirements for a stop work order were satisfied because building and structural works had been carried out in contravention of s 4.2(1)(b) of the Environmental Planning and Assessment Act 1979: the works were not in accordance with the construction certificate forming part of the consent, including openings, balconies, retaining wall, lift shaft and stairway location, and unauthorised geotechnical piles, and the required geotechnical investigation under condition DA345 had not been carried out. The order should not be revoked or substituted with a compliance order because the evidence did not show that Zoro could continue construction consistently with the construction...

Jurisdiction
Australia
Judgment Date
07 August 2020
Procedural Posture
Class 1 Appeal Against a Development Control Order, Being a Stop Work Order / Judgment on Appeal
Outcome
Appeal upheld; stop works order modified.
Legal Topics
['stop Work Order' 'development Consent Compliance' 'construction Certificate' 'geotechnical Stability' 'encroachments' 'modification of Development Consent']
['planning and Environment Law' 'development Control' 'building and Construction'] ['stop Work Order' 'development Consent Compliance' 'construction Certificate' 'geotechnical Stability' 'encroachments' 'modification of Development Consent']

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Procedural Posture

Class 1 Appeal Against a Development Control Order, Being a Stop Work Order / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the statutory requirements for issuing a stop work order under Item 2 of Part 1 of Schedule 5 to the Environmental Planning and Assessment Act 1979 were met.' 'Whether building and structural works at 67 Seaforth Crescent were carried out in contravention of the Environmental Planning and Assessment Act 1979 by not being in accordance with the development consent and construction certificate.' 'Whether the stop work order should be revoked, substituted with a compliance order, or modified.' 'Whether geotechnical stabilisation works should be permitted notwithstanding the stop work order.' 'Whether the construction certificate and proposed continuing works raised issues concerning encroachments on 69 Seaforth Crescent and Building Code of Australia compliance.']

Ratio Decidendi

The statutory requirements for a stop work order were satisfied because building and structural works had been carried out in contravention of s 4.2(1)(b) of the Environmental Planning and Assessment Act 1979: the works were not in accordance with the construction certificate forming part of the consent, including openings, balconies, retaining wall, lift shaft and stairway location, and unauthorised geotechnical piles, and the required geotechnical investigation under condition DA345 had not been carried out. The order should not be revoked or substituted with a compliance order because the evidence did not show that Zoro could continue construction consistently with the construction...

Court Disposition

Appeal upheld; stop works order modified.

Orders

  • ['The appeal is upheld.' 'The Stop Works Order issued 20 February 2020 is modified to read: Immediately stop and cease all building works at the property known as 67 Seaforth Crescent Seaforth NSW 2092 (Lot 2 DP 842913) ("the site"), except for the permitted works, until a modification of Development Consent DA...