School risks fine for ‘illegal work’

A NSW school is facing a fine for carrying out “illegal work” on a recent building development.

The Tamworth Regional Council (TRC) is seeking disciplinary action against St Nicholas Primary School, located in the NSW city of Tamworth, after it constructed a mezzanine in a new building without consent.

The TRC said the mezzanine is non-compliant with disability access standards under the Disability Discriminations Act of 1992.

In a meeting on Tuesday, TRC director of planning, Peter Thompson, said the construction was a “significant breach”, describing it as “illegal work” within the development.

However, Paul Holman, head of human resources and facilities at the Catholic Schools Office in Armidale, told The Educator that changes made were in accordance with structural engineers’ advice and approval, and stressed that there was “no inference that the structural integrity of the building was put at risk”.

He said the new educational facility being built is designed to provide innovative learning spaces that cater for 21st century pedagogies.

“As part of the process of continued review of the design during construction it was decided to provide a mezzanine level to provide even further flexibility and opportunity to the spaces,” Holman said.

“Unfortunately, in the effort to accommodate the design enhancement of a mezzanine level during the build with the attendant compressed timeframes the requirement to lodge the necessary approvals was overlooked at the time.”

Holman said he accepted that the approvals for the mezzanine level should have been lodged earlier but denied any intention to break the law.

“The school is not a developer after commercial advantage. The changes were driven by “an unwavering focus to effect the best possible educational outcome,” he said.

“Section 96 approval from Tamworth Regional Council was confirmed at the Tuesday May 9 council meeting and it is our understanding that a building certificate approval for the works is imminent.”

If the fine is issued, it is a $6,000 amount which is set by section 76A(1) of the Environmental Planning & Assessment Act 1979.