Fury as Sydneysiders build their mansions, then ‘ask forgiveness later'

Sydney Morning Herald

09-06-2025

'Without resolution, the increasing complexities and number of BICs will perpetuate poor practice and undermine reforms aimed at improving building industry practices,' LGNSW's vice president, MidCoast Mayor Claire Pontin, told the Herald.
The organisation is calling for a review of the framework for issuing BICs.
'It also effectively places an expectation on councils to provide tacit endorsement for works that may not comply, unfairly placing the liability on council rather than on those responsible for the works,' Pontin said.
'Let it go no further'
In 2020, seeking to upsize, financial trader Erik Altmann and his wife Anita swapped their Bondi apartment for a $3.5 million clifftop property boasting 'headland to headland' ocean views across Sydney's Northern Beaches.
The couple landed on Newport's Hillside Road, where the neighbourly relations were genial and the alumni high profile, including former Socceroos coach Graham Arnold and professional surfer Tom Carroll.
In 2022, the Altmanns lodged an ambitious $765,000 development application for their new abode, which included the additions of a secondary dwelling, swimming pool, sauna, inclinator, cellar and gym.
The scale of the plans rankled neighbours, with one submission to council warning the studio would 'introduce the urban canyon into Hillside Road'.
Another neighbour, Nick Holcombe, told council: 'I object to every fibre of the cumulative train wreck effect of all the items.
'Everyone in the street that I have spoken to are incensed about the current demise of 65, please let it go no further.'
Neighbours were mollified when the plans were changed to remove the proposed pool and secondary dwelling. Northern Beaches Council approved the refurbishments.
But what happened next sparked fury.
Workmen began demolishing the existing home, excavating on the steeply sloping block and erecting concrete walls.
'There's a mausoleum of concrete where the house used to stand,' Holcombe commented.
Council inspectors were quickly dispatched to the site. In November 2023, they slapped the Altmanns with a stop work order.
Council found works undertaken which were never approved, including the demolition of the original home's first and second floors, excavations of the slope and the construction of concrete block walls and a concrete slab.
'Northern Beaches Council has formed the opinion that building work or subdivision work has been carried out in contravention of the EP&A Act,' said the stop work order, seen by the Herald.
'It is in the public interest that this unsatisfactory state of affairs be remedied as soon as possible.'
The private certifier, Yucel Haydar, who also goes by Yucel Haydardedeoglu, was copied in.
Haydardedeoglu said he was unaware that parts of the original home that were meant to be retained had been demolished until receiving the stop work order.
'That was news to me,' he said. 'When I went out and did some inspections, a lot of the existing building was still there.'
Haydardedeoglu said he didn't know what part of the site the council was referring to when it cited unauthorised excavation works.
He noted that private certifiers could only issue a written direction notice if they discovered unauthorised work and they did not have the power to issue demolition orders like councils.
Ceasefire
The half-built house lay dormant for the best part of last year as the stop work order brought a ceasefire to hostilities.
Just before Christmas, the Altmanns applied for a BIC to 'regularise' what had been built, acknowledging the extent of demolition and reconstruction was inconsistent with council approvals.
Such certificates are typically the only option for building works carried out unlawfully, and guarantees council won't issue demolition or rectification orders, according to a NSW government practice note.
The Altmanns also lodged a fresh development application for the works needed to finish the house, worth $1.65 million. It resurrected the thwarted plans for the pool and studio.
The applications, which are yet to be determined, have landed like a lead balloon on Hillside Road.
Several neighbours raised alarm about the precedent set by giving the certificate the green light. There were calls for the unauthorised works to be demolished, and the owners to be fined and referred to the Building Commission.
'Doing as you please and seeking forgiveness later should not be tolerated,' said a submission to council by neighbours Julian and Sarah Levy.
'This would set a very dangerous precedent allowing others to get DA approvals and then build whatever they want.'
Neighbours John and Diane Nolan agreed, labelling the home a 'monumental sore thumb'.
'The approved DA plans were not just a suggestion,' they said. 'Council expected them to be adhered to.
'Northern Beaches Council should never become a part of this minefield.'
The Nolans also raised concerns about unauthorised excavation on a street they said had a history of four landslips, and which council has deemed at risk of geotechnical hazards.
Holcombe said his 2002 renovation project had to comply with strict council requirements.
'Is there no such thing as a simple right or wrong any more? They broke your rules intentionally and we are all being asked if that is ok?' he said.
'My response is, simply: 'No, it's not ok.'
Architect Bill Tulloch wrote to council on behalf of three Hillside Road households, arguing the DA should be assessed under rules for a new build, since the original house no longer stood.
'Applicants cannot be allowed to 'game the system',' he said. '[Council] will be faced with a deluge of similar unacceptable outcomes.'
Tulloch also argued that the scale of the development was excessive, after concessions were granted based on the site's steep gradient.
The Altmanns' application argued that what they had built still achieved the 'outcome anticipated' by council's approval, in terms of building form, streetscape and residential amenity.
Neighbour Peter Morris dubbed that argument bizarre and opportunistic in his submission. He compared it to substituting fireproof shutters for a tap and hose reel and arguing it satisfied the 'anticipated outcome' of providing fire protection.
Council is yet to make a decision on the applications. When the Herald put detailed questions to Erik Altmann, he said it would be inappropriate to comment while the applications were under assessment.
There have been striking similarities as the same story plays out elsewhere across the suburbs of Sydney.
In 2020, a court ruled that a half-built mansion in Seaforth was not constructed in line with approvals.
The parties brokered a truce, with a building information certificate issued protecting a retaining wall that was never authorised to be built.
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'As good as you can get'
Building information certificates, or their equivalent, have existed for decades.
Experts told the Herald they were historically introduced so prospective home buyers seeking a loan could satisfy the banks that a property was not going to be the subject of compliance action by council.
But they are now rarely used to allay a bank's concerns about a ramshackle back deck.
Council staff across the state have expressed frustration the certificates are increasingly being sought as a kind of quasi-approval for completely unauthorised building or renovation projects, or where substantial changes are made to council-approved plans without permission.
In some cases, developers have even sought BICs for multi-storey towers built without the right paperwork.
Roman Wereszczynski, the manager of Health, Building and Regulatory Services at Randwick City Council, said it was a longstanding problem that had become more common in recent years.
He said some unscrupulous industry professionals were well aware the certificates were a route to bypass normal planning processes.
'Unfortunately, like anything else, if the legislation has some weaknesses, there are people out there who are going to exploit it for sure,' he said.
The state government denies a BIC retrospectively approves or legitimises unauthorised works, but Wereszczynski argued that was the ultimate effect of granting one.
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'Other than councils, no one else is going to come along and issue an order to remove and rectify buildings,' he said. 'Under the current regime, a BIC is basically as good as you can get.'
Wereszczynski said councils were placed in a precarious position when dealing with applications for BICs because they were obligated to approve them, unless they intended to issue an order to demolish the works or commence court proceedings.
Councils were generally reluctant to issue demolition orders on people's homes or apartment buildings, he added.
'In reality, councils have to make a call, do they approve it, or refuse it and face a potential Land and Environment Court appeal which may cost up to $30,000 or $50,000 to defend and which may or may not be successful in the end?'
Councils are concerned they could also face potential legal liability if works that receive a BIC are later found to be non-compliant with building codes, especially in relation to apartment towers.
They have also complained the certificates add to council workloads and may be seen to absolve private certifiers of their responsibility for not effectively dealing with unapproved works.
'The assessment of BIC applications is resource intensive and council officers are often tied up dealing with these applications when they could be attending to other cases for their local community,' Wereszczynski said.
He said the problem seemed to be consigned to the 'too hard basket' by industry and government working groups but action was becoming vital as applications surge.
At a minimum, there needed to be appropriate penalties to deal with parties who did the wrong thing and the ability to impose conditions as part of granting a BIC, he said.
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Pontin said councils' inability to charge suitable fees to cover the time and resources absorbed by dealing with the certificate applications was contributing to financial sustainability concerns.
'LGNSW seeks the introduction of a fee structure that provides for full-cost recovery by councils when issuing these certificates,' she said.
Northern Beaches Council has also observed an uptick in BIC applications in recent years.
It has previously written to the state government asking for additional assessment criteria, including amenity and impact considerations.
It also called for mandatory notification to neighbours when a BIC relates to unauthorised works.