2013/011:Regarding the authority's exercise of its powers in respect of a refusal to grant building consent for an alteration to an existing apartment
- Valid from
The determination arises from a decision by the authority to refuse to grant building consent for proposed remedial work to the base and bottom plate of the external walls of an existing apartment. The matter to be determined is whether the authority correctly exercised its powers in refusing to grant building consent. In considering this matter, I must consider: 1-Whether the authority correctly exercised its powers in refusing to grant building consent for the proposed building work based on the grounds given by the authority in its refusal; 2-Whether there was sufficient evidence provided in the building consent application for the authority to conclude on reasonable grounds that the building work and the existing building (as altered) would comply with the Building Code to the extent required by the Act. The agent has submitted that the matter to be determined is only whether the authority can require the applicants to undertake additional works to that which they propose, and that the code-compliance of the proposed building work and the existing building should not have been considered.