The developer of a luxury apartment complex in an affluent Sydney suburb has been ordered by the state’s construction watchdog to immediately stop work on the site over concerns it caused “significant” defects, cracks and structural shifts to a family-owned restaurant next door.
Building Commission NSW on December 8 issued builders Medida Con Pty Ltd with a stop-work order for the site at 21 Whistler Street, Manly, where a five-storey luxury apartment complex with seven units, a ground-floor retail strip and basement car parking will be built.
The pizza restaurant directly adjoins the construction site.Credit: Sitthixay Ditthavong
Engineers inspected the site on October 24 and discovered the builders had caused cracked windows and lateral movement – which is when a building shifts sideways – to occur at a family-run pizza shop next door.
The restaurant, Jerry’s Pizza, is located at 33 Belgrave Street and has been operating there for more than 40 years.
These defects created “structural weaknesses” in their building and could result in “significant harm” to occupiers and to the property, the commission’s order said.
Jerry’s Pizza in Manly has suffered from cracks, shifting and settlement from construction taking place next door.Credit: Sitthixay Ditthavong
“This building during construction does not have the appropriate degrees of reliability that has also avoided causing damage to other properties,” wrote Donald van Keimpema, the acting director of the commission’s building compliance unit.
The inspection concluded that it was the builders’ faulty installation of sheet piles – which involves driving interlocking steel sheets into the ground around a planned dig site – that created the defects at the adjoining pizza shop.
One day before the building commission’s inspection, Jerry’s Pizza informed customers via a Facebook post that the restaurant would be closed until further notice.
A handwritten sign on the shop window cited “plumbing issues” that were beyond their control.
Jerry’s Pizza in Manly told customers on Facebook on October 23 that they would be closed until further notice. There is also a handwritten sign hung outside their shop.Credit: Sitthixay Ditthavong
The restaurant’s reopening date is unknown, and the owners declined to comment.
Building Commission NSW is assessing documents submitted by the developer that seek to address the issues raised in the order.
Loading
“Stop-work orders are an important part of lifting standards by halting construction if there is significant risk of harm or loss to the public, building occupiers or potential occupiers,” a spokesperson from the commission said.
“The order will be lifted once Building Commission NSW is satisfied the conditions of the order have been addressed.”
Northern Beaches Council received complaints at the same time as the building commission and also issued a stop-work order for the site.
When the Herald visited the construction site, there was no equipment save for five loose tyres.
Loading
Medida Con did not respond to requests for comment.
Medida Con’s website says they “uphold the highest standards across every stage of delivery, integrating quality assurance, safety, environmental responsibility, and sustainability into everything we do”.
“Our rigorous systems ensure consistency, accountability and excellence – on every project, every time.”
Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.
Most Viewed in National
Loading

























