Description

The dispute between the parties related to the decision of the authority not to issue a code compliance certificate because a barrier was not provided in respect of the reconstruction of a retaining wall and carparking area.

The reason given by the authority for not issuing the certificate was because there was a failure to comply with Clause F4 'Safety from falling' of the Building Code. The applicant considered that a barrier was not required as the building work was an alteration only and no barrier existed before.

The matter for determination was whether the decision of the authority not to issue the code compliance certificate was correct.