WARR and CITY OF WANNEROO

[2005] WASAT 77

JURISDICTION     :   STATE ADMINISTRATIVE TRIBUNAL

STREAM:   COMMERCIAL & CIVIL

ACT:   LOCAL GOVERNMENT

(MISCELLANEOUS PROVISIONS) ACT 1960

CITATION:   WARR and CITY OF WANNEROO [2005] WASAT 77

MEMBER:   MR M SPILLANE (MEMBER)

HEARD:   9 MARCH 2005

DELIVERED          :   9 MARCH 2005

FILE NO/S:   CC 40273 of 2004

BETWEEN:   LESLEY SHARON WARR

Applicant

AND

CITY OF WANNEROO
Respondent

Catchwords:

Building work - Local Government - Section 401 Notice

Legislation:

Local Government (Miscellaneous Provisions) Act 1960

State Administrative Tribunal Act 2004

Result:

Application for review upheld; Decision to issue notice set aside and notice revoked

Category:    B

Representation:

Counsel:

Applicant:     Self Represented

Respondent:     Self Represented

Solicitors:

Applicant:    

Respondent:    

Case(s) referred to in decision(s):

Nil

Case(s) also cited:

Nil

MR M SPILLANE (MEMBER):

REASONS FOR DECISION

Application

1. An application for review was lodged by Lesley Sharon Warr ("Applicant") against the requirements of a notice issued by the City of Wanneroo ("Respondent"), pursuant to section 401(1)(c) of the Local Government (Miscellaneous Provisions) Act 1960 (the Act), with respect to building work at Lot 17 (11) Pennygum Place, Mariginiup.

Jurisdiction

1. Prior to 1 January 2005, applications for review under Pt XV of the Act were submitted to the Minister for Housing and Works.  On the coming into force of the State Administrative Tribunal Act 2004, jurisdiction for handling those reviews passed to the State Administrative Tribunal ("SAT") and by order of the President of SAT dated 9 February 2005, all applications before the Minister but not determined as of 1 January 2005 were transferred to SAT.  This application was one of those transferred.

2. Furthermore, having considered the matter I believe that pursuant to Section 60 of the State Administrative Tribunal Act 2004, it is appropriate in this case that the matter be decided on the papers without the need for a hearing.

Facts

1. The applicant advised the respondent of the building works (conversion of garage into games room) in writing on 30 November 2004 and submitted a certification of the structural adequacy of the building work.

2. The respondent issued a notice to remove the building works on 10 December 2004.

Considerations

1. On 14 December 2004 the applicant submitted an Application for Review to the Minister of Housing and Works.  The applicant advised that the approval was sought for the conversion of the garage into a games room.  The applicant submitted a copy of the structural engineer's certification dated 24 November 2004 and further supplied a building inspection report by a registered builder dated 15 December 2004.

2. On 21 December 2004 the respondent advised that the building work, the subject of the notice, did not contravene the Council's Town Planning Scheme and local laws. The respondent also advised that it would support the appeal when additional works were carried out to bring the works into compliance with the Building Code of Australia.

3. On 20 January 2005, the respondent advised that the additional works had been completed, and the respondent also advised that it supported the appeal.

Orders

1. On the basis that all of the respondents concerns have been addressed I order that:

2. The application for review is upheld; and

3. The decision to issue the notice dated 10 December 2004 is set aside and the notice revoked.

   I certify that this and the preceding page comprise the reasons for decision of the Tribunal.

   ______________________________

   M Spillane

   Member