Description

The determination arises from the authority's refusal to apply an owner-builder exemption to all the work contained in a building consent, in circumstances where the consented work was underway and the foundations had already been supervised by the LBP. The owner-builder exemption was sought by the applicants as an amendment to the building consent. The refusal of the exemption arose because the authority is of the view that a Record of Work in respect of the foundations must be supplied by the LBP. I therefore consider the matter to be determined is whether the authority correctly exercised its powers of decision in refusing to amend the building consent. In considering this matter, I must consider the grounds on which the refusal was made.