BATHURST Regional Access Committee interim chairman Bob Triming says he is prepared to go to the Human Rights Commission over a Bathurst Regional Council development application decision.
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At Bathurst Regional Council's December 12 meeting, councillors voted to approve a DA which included the erection of a two-storey self-contained unit for use as tourist and visitor accommodation at a residence on Conrod Straight.
It also sought alterations and additions to the existing dwelling and the erection of a separate semi-detached garage.
Although ultimately approved, the initial recommendation from environmental planning and building services director Neil Southorn was to refuse consent.
This was because the development “does not provide sufficient access for persons with a disability” and approving it would set “an undesirable precedent for future applications”
In his report, however, Mr Southorn did provide the wording for alternate decisions should councillors want to go against his recommendation.
“The application as lodged is generally supportable with the exception that it does not provide access for persons with a disability. The applicant’s position, put in strong terms, is that access is neither required nor possible to achieve,” Mr Southorn said.
“Council needs to determine whether the overriding public interest suggests that new buildings which are providing a public interface should be accessible notwithstanding the classification under the NCC (National Construction Code). There is a strong body of thought that it should.
“The test councillors are asked to consider is whether this is reasonable in this case.”
Mr Triming remains unhappy with the decision to approve the DA and says he has now taken the matter further.
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“I’ve now spoken to the NSW Anti-Discrimination Board, who were astounded at the decision and their recommendation, which I am going to take up unless I can come to some agreement with council, is that because it is a breach of the Act I should make my request to the Human Rights Commission,” he said.
Mr Triming said that it appeared to him that the council had “adopted a principle of not classifying a building solely for the purpose of evading the disability accessible building standards”.
Meanwhile, an item due to go before council on Wednesday night sought a modification to a previous DA approval for tourist and visitor accommodation on Conrod Straight that would "delete the requirement for disabled access".
