BUTT & ACT PLANNING and LAND AUTHORITY & ACT HERITAGE COUNCIL (Administrative Review)

The applicant, Mr Eric Butt, sought a review of the decision by the ACT Civil and Administrative Tribunal (the Tribunal), which upheld the decision of the building inspector. The applicant's primary contention was that the decision was invalid because the building inspector did not have the requisite expertise to make such a decision and that the decision was not made in accordance with the statutory provisions. The respondent, the ACT Planning and Land Authority, defended the decision, arguing that the building inspector's expertise was sufficient, and that the decision was both lawful and correctly made. The ACT Heritage Council also intervened in the proceedings, asserting that the building work constituted heritage work, thus falling under the purview of the Heritage Act 2004.

The legal issues before the court included whether the building inspector had the necessary expertise to issue a stop notice under the Building Act, whether the decision was made in accordance with the statutory provisions, and whether the building work constituted heritage work as defined by the Heritage Act. The court considered the statutory requirements, the qualifications and authority of the building inspector, and the interpretation of relevant terms within the Building Act and Heritage Act. It was crucial to determine if the decision was within the statutory framework and whether the building inspector's authority was correctly exercised.

The court found that the building inspector did possess the requisite expertise to issue the stop notice as required by the Building Act. The decision was made in accordance with the statutory provisions, and the building inspector's authority was correctly exercised. Additionally, the court held that the building work did constitute heritage work, thereby falling under the jurisdiction of the Heritage Act. Consequently, the application for review was dismissed, and the Tribunal's decision to uphold the building inspector's decision was affirmed.