Description

The matter for determination is whether the viewing platform complies with Clause D1.3.2 of the Building Code. The application asks to determine the following questions: Was the authority correct in issuing: (a) a building consent that did not provide for wheelchair access to the top level of the viewing platform, and (b) a notice to fix that excluded a requirement to provide wheelchair access to the top level of the viewing platform' However in addition, and in response to a submission on the matter made by the authority, it must also be decided whether any amendment to the viewing platform forms part of the original consent or whether such an amendment is an alteration in terms of Section 112 of the Act.