08/0169 - Building Approval for 71 Seaview Tce, Sunshine Beach [As Published] · 132008.169

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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

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