20517 App O.pdf [As Published] · 132007.1259

nosau
WAYS Consultants

applied to the provision of access to and from all common access and recreation areas to all
the residences and to the principal public entry points. In particular Savage SC observed the
practice, which he referred to as “notorious”, of “community title schemes on the Gold and
Sunshine Coasts and in Brisbane itself” being “commonly let to holiday makers and
permanent tenants for parts of the year.” Savage SC found for the complainant and required
the Body Corporate compensate the complainant as well as provide the required access
from and into all common recreation spaces (including the pool) from both the principal
public entrance and the complainant’s apartment. Savage SC also considered that as the
average apartment sold for around $700,000 that a defence of economic hardship by the
respondent was not appropriate.

Whilst the identity of the Complainant and Respondent are the subject of a Confidentiality
Agreement, my understanding is that the Building in question is one of the newer high rise
apartment buildings (BCA Class 2) at Kangaroo Point in Brisbane. This ruling of the
Commission has certainly created some interest amongst Body Corporate Managers and
Developers involved in this sector and has implications for this project.

The people using these premises will have a range of differing abilities. The Design Issues
raised in this Report, will need to be explored and addressed as the design is developed to
ensure the final built outcome will minimise the risk of complaint under Disability
Discrimination Law.

It should be noted that compliance with the Building Code of Australia and it’s referenced
Australian Standards does not guarantee that the building will be lawful under State and
Commonwealth Disability Discrimination Law.

2 Project Brief

The Project Brief agreed to with the client is to provide a disability access assessment of the
proposed development, a design guidance report and advice as required to access issues
for people with disabilities identified in the above project and specifically as they relate to
State and Commonwealth Disability Discrimination Law and to conduct these reviews in an
environment framed within the Queensland Building Act.

Typical of this type of project, some of the key issues which will be resolved through this
consultancy include wayfinding, amenity, access, egress and connections to the external
environment.

This review examines the referenced drawings and identifies elements of the proposed
design which provide potential for complaint by people with disabilities. The Design Issues
will be further assessed as the project develops if the client extends the consultancy through
the design development and construction phases.

The advice in this report is only relevant to the referenced drawings and this project and is
not transferable to other projects.

3 Project Drawings/Details Referenced

Dwg No acl Dwg No Rev

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