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08/0169 - Building Approval for 71 Seaview Tce, Sunshine Beach [As Published] · 132008.169
GMA Certification Group Pty Ltd gel
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Date: 25" February 2009
Sunshine Coast Regional Council
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Tewantin, QLD, 4565
BI: [email protected]
mite hetl.ce ou
SCRC - Tewantin
Q Front Counter
RE: Building Approval for 71 Seaview Terrace, Sunshine Beach
ATTN: Tracy Jones
Dear Sir/ Madam
With regards to the above property and the letter dater 19" February concerning the approval of a Temporary
Structure on the property without a Planning Approval from the Sunshine Coast Regional Council.
Please note that Shane McGowan no longer works for GMA however | include below his reasons for approval.
Town Planning Scheme Provisions
1 have only very briefly researched the Interpretations section (ref. Part 2) of the Noosa Town Plan and note the following
definitions:
¢ Building means a fixed structure that is wholly or partly enclosed by walls and is roofed, and includes any part of a
building.
© © Structure means any building, wall. fence or other structure or anything fixed to or projecting from any building,
wall, fence or other structure.
The above definitions ( and their inter-relationships ) indicate to me that a scaffolding structure does not fall within the town
plan definition of building or structure. This is provided the structure is not fixed. However ( based upon building/own
planning case law decisions relating to similar situations ) if it has footings it would be regarded as a fixed structure.
This being the case, it would appear that a fixed scaffolding structure is subject to the Building Work ( Development Other
Than MCU ) provisions of Noosa Town Plan, Such work would normally be ‘self-assessable' against the provisions of the
Building Works Code.
However, if the existing scaffolding structure is not fixed (ie. no footings ) it would not be assessable against any of the town
planning provisions.
IPA, Building Act 1975 & Building Regulation Exemption
When read in conjunction with one another, the definitions contained in sections 1.3.2 ( Development - Building work ) &
1.3.5 ( Building Work ) of the IPA, section 5 ( Building Work ) & Schedule 2 ( Dictionary ) of the Building Act 1975, similarly
define buildings and structures and the need for a scaffolding structure to be fixed ( before it qualifies as ‘assessable’
development ).
However, section 11 Schedule | of the Building Regulation 2006 defines scaffolding on a building site (whether fixed or not )
as Prescribed Building Work for Section 2! of the Building Act 1975. As there is no definition of building site under the IPA,
Building Act 1975 & Building Regulation 2006, it is reasonable to assume that a vacant site or a site with a scaffolding
structure erected upon it, qualifies as a building site (and is therefore a ‘self-assessable' (ie. no BA necessary ) scaffolding
structure even if it is fixed ). Therefore, even if it is fixed it is not ‘assessable’ against the ‘self-assessable' (ie. Building Works
Code } provisions of the Noosa Town Plan.
BUILDING APPROVALS & INSPECTIONS BUILDING CERTIFICATION FIRE SAFETY AUDITS
Gald Coast Sunshine Coast Chinchitta Childers Port Dougias Atherton Mtisa Cloncurry
(07) 5578 1622 (07) 5449 0363 (07) 4569 1166 (07) 4126 3069 (07) 4098 5150 (07) 4091 4196 407) 4743 1511 (07) 4742 2022
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at GMA Certification Group Pty Ltd The way I see it, neither a DA or BA are technically required. But in order to pacify the applicant and satisfv show-Cause Notice, GMA could issue a BA (without the need to assess it against the town planning scheme provisions as they do not apply to Prescribed Building Work }. Building Act 1975 Code for IDAS The following factors reinforce that a BA & DA are not required for the scaffolding structure: « = Section 31 (1) & (2) of the Building Act 1975 clarifies that the provisions of the Building Act and Building Regulation 2006 are a ‘code’ for the purposes of IDAS, It also clarifies that provisions of this ‘code’ cannot be overridden by a town planning scheme provision. Therefore, the Council town planning scheme provisions cannot make Prescribed Development under section 11 Schedule | (ie. scaffolding on a building site ) of the Building Regulation 2006 ‘self- assessable’ under the town planning scheme. © Section 3.1.4 (2) of the Integrated Planning Act 1997 clarifies that a BA & DA is not required for development made ‘self-assessable' under section 11 Schedule | of the Building Regulation 2006. In view of the above factors, it is considered that although a BA or DA is not required to be issued in respect of a scaffolding structure on a building site, we immediately issue a BA if required by the Applicant. | am prepared to sign the Decision Notice when the application is ready. Tony, once digested, a copy of this logic needs to be placed in the VA ‘documentation’ field ( town planning ) for future reference. Should you have any further questions in relation to the matter please do not hesitate to contact me in the Nerang Branch of GMA Certification Group. PH: 5578 1622 or 0411 696 168 Yours sincerely TSHild Tanya M Smith. Ad.bid.surv, MAIBS Assistant Building Surveyor Technical Manager Lic No. A1092109 20f2
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