Description

The determination arises from the decision made by the authority to issue a notice under section 124(1)(b) of the Act in respect of this property because the authority considered that there was a risk that rocks located adjacent to the property could collapse causing injury or death to any person in the house. The applicant disputes this finding as she considers that the authority has not demonstrated that her house is at risk of rockfall that could cause injury or death. As a result I received an application for a determination on 23 October 2012. Therefore the matter to be determined is whether the authority correctly exercised its powers in issuing the notice under section 124(1)(b). In making this decision I must consider whether the house is dangerous as defined in the Act.