Description

The matter to be determined is the territorial authority's decision to refuse to issue the waiver. Consideration of this matter turns on whether such a waiver would be reasonable having regard to the requirements of the Building Code and any practicable options that may be available to the applicants to achieve compliance.

The building consent drawings for the coolstore included a freestanding firewall located between the coolstore and the neighbour’s boundary designed to protect the neighbour’s property from spread of fire from the coolstore. The firewall would also protect the neighbour’s property from heat radiation resulting from a fire in the coolstore. The applicant applied to the territorial authority to waive the requirement to build the wall which the territorial authority declined.