89 Caroline Chisholm Drive Winston Hills NSW 2153

Building Certificate - Building certificate for unauthorised works. Garage conversion to habitable secondary dwelling.

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We found this application for you on the planning authority's website 7 months ago. It was received by them 1 day earlier.

(Source: Parramatta City Council, reference BC/89/2019)

1 Comment

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  1. Neal & Susan Martyn commented

    SUBMISSION ON BC/89/2019

    This is yet another example of property owners, possibly with the assistance of tradespeople, undertaking illegal works safe in the knowledge that an Application for a Building Certificate will likely result in an approval after the event (aka a "get out of gaol free card").

    Notwithstanding the unsightly appearance of the illegal works involved, in this instance a Building Certificate to legitimise the property owner's conversion of an attached garage to a secondary dwelling or "granny flat" might only be issued if the illegal works otherwise comply in totality with the relevant requirements of the National Construction Codes where, amongst others, the following MUST apply before a consent may be granted:

    1) The concrete slab of the secondary dwelling must have been constructed in accordance with AS2870, including being at
    least 150mm above ground level, and have a damp-proof
    membrane below. This would be a likely non-compliance as the original structure was an attached garage, although the applicant could at their cost engage a degree qualified Structural Engineer to assess compliance.

    2) The illegal dwelling must have termite protection measures installed. Again unlikely for an attached garage, but compliance could be assessed at cost to the applicant by a qualified pest controller.

    3) The structure must meet the natural light and ventilation requirements applicable to a secondary (habitable) dwelling. Also unlikely in an area intended to accommodate a vehicle, but assessible by the Consent Authority.

    4) There must be compliant fire-proof floor to roof wall/s separating the converted garage from the primary dwelling, and from the property boundary. Unlikely in an area constructed as a garage, but assessible at cost to the applicant by Fire Safety Inspector.

    5) The floor to ceiling height of the secondary dwelling must be a minimum 2.4m. as determined by the Consent Authority.

    6) BASIX requirements must still be met.

    7) All "wet areas" such as a bathroom, toilet, and/or laundry area within the now converted garage must have a Certificate of Compliance issued from a suitably qualified person with regard to both waterproofing and plumbing.

    8) As above for any and all electrical works undertaken in the conversion process from a garage to a secondary dwelling.

    To conclude, illegal works such as those that are the subject of this Application have the very real potential to destroy the character of Winston Hills, and so MUST not be consented unless ALL applicable requirements, including those above and those that would have normally applied if prior consent was properly obtained (e.g. for a DA and Sect 94), are met in totallity.

    In circumstances of non-compliance Council must have the fortitude to REFUSE, to issue RESTORATION ORDERS, and to undertake a drive-by along Caroline Chisholm Drive where precisely the same conversions are obvious within 500m of the property that's the subject of this application.

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