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This determination considers the authority’s decision to issue a notice to fix for an unnotified change of use. The determination considers the old and new uses of the building, in order to determine whether the building has undergone a change of use in contravention of sections 114 and 115 of the Building Act.

The determination also discusses the particulars and remedies contained in the notice. 

This determination looks at building work to construct two retaining walls in conjunction with the construction of a dwelling.

The matter being determined is the authority’s purported decision to refuse to issue a code compliance certificate in relation to the falls related to the retaining walls and compliance with Building Code Clause F4 – Safety from falling.

The determination considers whether the falls related to the retaining walls are relevant to the purported refusal and whether the current hedge meets the requirements of clause F4.

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