The Owners Strata Plan 432 v Seddon

Land and Environment Court New South Wales Medium Neutral Citation: The Owners Strata Plan 432 v Seddon [2015] NSWLEC 69 Hearing dates:20, 21, 22, 23, and 27 May 2014; written submissions 4, 6, and 10 June, 2014Date of orders: 01 May 2015 Decision date: 01 May 2015 Jurisdiction:Class 4Before: Sheahan J Decision: (1) The Court declares(i) that the first and second respondents are carrying out or threatening to carry out works at 15 Crescent Street, Fairlight, being Lot 15 SP 432, in breach of the Environmental Planning and Assessment Act 1979; and(ii) that Complying Development Certificate No CD56/10 issued by Manly Council on the 27th October 2010 to the first and second respondents is null and void and of no effect.(2) The Court orders that the first and second respondents, by themselves, their employees, agents and contractors be restrained from carrying out any works in the northern part of Lot 15 Strata Plan 432 occupied by laundry and toilet facilities and/or in any common property associated with such facilities.(3) Costs are reserved.(4) All exhibits are returned. Catchwords: DEVELOPMENT CONSENT: deeming of a development consent from a building approval granted in 1962 – residential flat building with common laundry/toilet facilities – whether the owners of Lot 15 are entitled to a complying development certificate approving the removal of the common facilities and/or entitled to exclude other lot owners from using those facilities – whether the complying development certificate authorising those works is valid – failure to obtain “owner’s consent” from owners’...