'Very shocked and surprised' as Sydney waterfront work site shutdown

Authorities have shut down construction of a waterfront mansion at Seaforth as they investigate whether an illegal third storey has been added under the watch of a private certifier who regulators unsuccessfully attempted to ban last year.

Workers were forced to down their tools last Thursday at the building site, perched on a cliff face at Seaforth and boasting views over Middle Harbour.

The half-constructed home at Seaforth. The owner says the finished product will only have two storeys. Credit: James Brickwood

At the centre of the fracas is landowner Peter Prasad, who told The Sydney Morning Herald he was “very shocked and surprised” at Northern Beaches Council’s stop-work order and that the “third storey” that has been the subject of multiple complaints is actually an “under-house”.

Overseeing the build is private certifier Stanly Spyrou of Dix Gardner, who regulators have reprimanded in connection to 20 developments across Sydney since 2016, including a unit block at Alexandria that was the subject of demolition orders.

Private certifier Stan Spyrou of Dix Gardner.

Matters escalated last August, after the Building Professionals Board found Mr Spyrou allowed people to move into a Strathfield boarding house and Gymea apartment block that were both “hazardous” and unfit for occupation.

The board stripped Mr Spyrou of his accreditation and banned him from reapplying for five years, effective immediately.

However the following month the ban was put on hold until the NSW Civil and Administrative Tribunal hears Mr Spyrou’s appeal in April.

The Seaforth saga dates back to 2006, when a former owner of the deep waterfront block on Seaforth Crescent was granted development approval to build a two-storey home with an inclinator and garage.

Development approvals generally expire after five years if physical commencement has not begun, but when Mr Prasad snapped up the land for $1.2 million in 2015, the dwelling still hadn't been built.

In correspondence from 2017 seen by the Herald, the council advised a member of the public - who requested to remain anonymous - that the approval had lapsed and Mr Prasad would have to lodge a new DA.

To that resident’s astonishment tradesmen began appearing at the site last year despite no new DA being lodged.

An artist's impression of the two-storey home approved for the property at Seaforth. Credit: Domain

It’s understood Mr Spyrou signed a construction certificate allowing building to commence in 2018 after receiving legal advice that some site clearing, surveying, excavating and trenching had occurred before 2012, meaning the original development consent was still valid.

There were further complaints this month when residents saw what appeared to be a three-storey building materialising. Council inspectors were deployed to the property last week.

They issued a stop work notice for “works being undertaken contrary to the development consent and construction certificate approvals”.

“The issues regarding the third storey and the alleged lapsed consent are being investigated by council and legal advice is being sought,” a council spokesperson said.

“Once the investigation has concluded, council will also determine whether a complaint will be made to the Building Professionals Board regarding the conduct of the private certifier.”

In response to questions to Mr Spyrou, a Dix Gardner spokesperson said the structural building works were unfinished and fill-in walls shown in the Construction Certificate would be completed as part of the final works.

"The drawings approved with the Construction Certificate are for a two-storey building plus structural support works, which is consistent with the Development Consent drawings," the spokesperson said.

The land at Seaforth before construction. Credit: Domain

Mr Prasad, the owner of the land and director of engineering firm Pyramid Consulting, also denied an additional storey had been added.

“Because it’s on very slopey land, there is an under-house, which is structural support,” he said. “It’s not a living area.”

Mr Prasad rubbished suggestions of any “inconsistencies” with what had been approved.

“It's not even three quarters of a finished product,” he said. “If they feel things are not correct, give us 21 days or two weeks … give me notice so we can explain ourselves.”

Mr Prasad said it had been a laborious process to build the family home, with some materials having to be brought in over the water by barge.

He was “really not happy” at a council inspector “barging” into the site.

“I said if you walk in you’ll be trespassing … he forced his way in. I told him don’t take photos, he was taking photos everywhere.

“If he wants to pick on apartment buildings under construction … I can take him to many sites on the northern beaches. But he wouldn't do it. They’re the big boys, I’m the small boy.”

Mr Spyrou’s firm, Dix Gardner, is run by Lyall Dix, who has been fined more than any other certifier in NSW and received a five-year ban in 2012.