The Owners Strata Plan 432 v Seddon

The Owners Strata Plan 432 brought proceedings against the first and second respondents, who own and occupy Lot 15 SP 432, to seek an injunction and declarations relating to works carried out at the property. The case was heard by the Supreme Court of New South Wales. The primary dispute centred on whether the respondents were required to obtain a Complying Development Certificate for modifications to the property and if the certificate, once issued, was valid.

The legal issues before the court involved the interpretation and application of the Environmental Planning and Assessment Act 1979, particularly in the context of whether the works carried out by the respondents constituted development that required a certificate. Additionally, the court had to determine if the issued certificate was valid and if it authorised the works that were undertaken.

The court held that the works carried out by the respondents did require a Complying Development Certificate and that the certificate issued by Manly Council was null and void as it did not properly authorise the works. The court found that the respondents were in breach of the Act by proceeding with the works without the requisite certificate. Consequently, the court made a declaration to this effect and restrained the respondents from continuing with the works in question. The court reserved costs and directed that all exhibits be returned.