May v Pittwater Council [2010] NSWLEC 1027

May v Pittwater Council [2010] NSWLEC 1027

The Court accepted that, subject to modifications recommended by the applicant's expert, the deck and carport structure achieve a one-hour fire rating sufficient to satisfy the fire safety Performance Requirements of the Building Code of Australia via an Alternative Building Solution; therefore, the requirements for issuing a building certificate are met.

Parties
Applicant: Kirk May; Respondent: Pittwater Council
Jurisdiction
Australia
Judgment Date
09 February 2010
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld
Legal Topics
Building Certificate, Fire Safety, Compliance With Building Code of Australia, Setback Requirements, Alternative Building Solution
Environmental Law Planning Law Building Law Building Certificate Fire Safety Compliance With Building Code of Australia Setback Requirements Alternative Building Solution

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Parties

Kirk May

Applicant

Pittwater Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether deck and carport comply with fire separation requirements under Building Code of Australia
  2. 2 Proper classification of deck and carport under Building Code of Australia
  3. 3 Sufficiency of Alternative Building Solution to meet BCA fire protection standards

Ratio Decidendi

The Court accepted that, subject to modifications recommended by the applicant's expert, the deck and carport structure achieve a one-hour fire rating sufficient to satisfy the fire safety Performance Requirements of the Building Code of Australia via an Alternative Building Solution; therefore, the requirements for issuing a building certificate are met.

Court Disposition

Appeal upheld

Orders

  • The appeal is upheld.
  • Council directed to issue a building certificate for works described in specified plans, subject to modifications for one-hour fire rating using spotted gum timber and intumescent paint within 90 days.