Burwood Council takes deputy mayor Tony Doueihi to court for boarding house breach Pleaded guilty: Burwood Liberal councillor Tony Doueihi Photo: Supplied A Sydney deputy mayor has been ordered to pay almost $60,000 in fines and costs after his own council took him to court for over-developing a boarding house. Burwood Liberal councillor Tony Doueihi was found to be building an extra floor of rooms at his Burwood Road property in March 2012 without council consent. Burwood Council subsequently agreed to let Cr Doueihi build five of the nine new upper level rooms. But Cr Doueihi built and rented out the four extra rooms anyway, the NSW Land and Environment Court heard. The breach was not uncovered until a parking complaint prompted council enforcement officers to inspect the completed building. The extra rooms had been covered by "some form of painted board" during earlier routine inspections, the court heard. Cr Doueihi pleaded guilty to failing to comply with a development consent. But the court did not accept the argument by Cr Doueihi's counsel that this was his first commercial development and he acted in ignorance. In her written judgment, Justice Nicola Pain said that given his experience on the prosecuting council, "Mr Doueihi would or ought to have known the gravity of his actions and that his actions were not legal." Cr Doueihi served on Burwood Council between 1995 and 2000 and was re-elected in September 2012, "during the period of the offence." "Mr Doueihi was well and truly aware of what the council consented to at the time development consent was granted and that did not include the four additional rooms which he constructed," Justice Pain said. But Justice Pain said while Cr Doueihi acted deliberately, it was not established whether he set out to mislead council by covering up the doors to the extra rooms. The councillor was ordered to pay Burwood Council's costs - which it said amounted to $16,700 - in addition to a $43,000 fine. The council, which described the outcome as a "fair decision," told Fairfax Media it referred the matter to the Division of Local Government following the court proceedings. But it was advised there was no code of conduct breach, "as Mr Doueihi was acting in his personal and private capacity and not in the exercise of his official duties as Councillor," the council's statement said. Council also agreed in December to approve the extra four rooms if Cr Doueihi makes a $30,000 contribution known as a "voluntary planning agreement." The councillor, who did not respond to requests for comment, is yet to do so.