2011/034: The refusal to issue a building consent for a garage and associated work on a subdivision in an area of land that is subject to slippage
- Abbreviation
- 2011/034
- Valid from
- 13/04/2011
- Information provider
- Ministry of Business, Innovation and Employment
- Information type
- Determination
- Format
Description
The matter for determination was whether, based on the details that had been supplied to date, the decision of the authority to refuse to issue a building consent unless it was subject to a section 73 notice was correct.
The authority was of the opinion that the land on which the property is situated is subject to the natural hazard of slippage and considerd that the proposed works were not minor.
It must be considered whether:
- the site is subject to the natural hazard of slippage under section 71(3);
- the proposed alterations were major in terms of section 71(1); and
- the proposed alterations complied with the Building Code, including (if required) any waivers or modifications issued in terms of section 67.