THE newly erected, three-storey building on Marine Drive, Tea Gardens arousing much community discussion was not built in accordance with the construction certificate issued by the private certifier.
The building is currently 13.03 metres high, about 1.2 metres higher than what was approved by the certifier.
While the Development Control Plan No.47 (DCP 47) in the area limits the height of dwellings to 8.5 metres, at the time of assessment of the development application (DA), DCP 47 was not in force.
General manager of Great Lakes Council Glenn Handford said the owner has now lodged a modification of consent with the council seeking to legalise the inconsistencies and add an addition to the rear.
"Council may or may not approve it," Mr Handford said.
Great Lakes Council's manager of building assessments Gary Mead said at this stage the council was aiming to discuss the new DA at the March 1 development control unit meeting. Mr Mead said there were also other inconsistencies in the building including changes to positions of rooms, windows and external treatment. Mr Handford said if the council did not approve the DA the owner could then go to the land and environment court to try and have it approved. There were no objections received by the council during the assessment of the building from neighbours.
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