ERA Legal has successfully represented the owners of a property in a matter against the Northern Beaches Council (previously Pittwater Council) in circumstances where a building certificate was sought retrospectively in relation to modifications carried out to existing structures. Council had refused to grant a building certificate and had previously issued a demolition order in respect of those works.

The Court accepted our submissions, finding that Council’s requirement that the owner demolish and re-build those same works was unnecessary and would not achieve the benefits claimed by Council.

The Court determined that subject to some alterations, the modifications to the structures were in an acceptable form, saving the resident considerable costs in avoiding a demolition of their building works.

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