Lismore City Council say they have referred the Rainbow Temple in Rosebank to the Land & Environment Court after the owner repeatedly declined to submit a Development Application and associated documentation for the development.
Council is seeking orders from the court that the building not be used and the top five floors, which were added to the structure without approval, be removed due to the lack of a structural integrity certification.
A Council spokesperson said that Lismore City Council has worked closely with the property owner and their consultants and legal representatives to address safety concerns over the past three years.
‘Unfortunately, the owner has repeatedly failed to submit a DA and, importantly, provide a Certificate of Structural Adequacy to ensure the building is structurally sound and not an endangerment to the owners, any occupants or visitors.
‘For the safety of visitors and the community, Council will be proceeding with legal action.’
The principal reasons for pursuing the matter in Court, relate to the owner’s failure to:
- Obtain DA Consent prior to adding another five storeys/levels to the existing Temple.
- Using the Temple for prohibitive purposes, in particular sleeping & residential purposes
- Obtain Consent for a subterranean tunnel, and rooms 3-5 metres below the surface which is or has been used for tours
- Obtain a Structural Integrity Certification for the temple, the tunnel and other associated structures/rooms
- Meet the requirements of the Building Code of Australia
- Satisfy the Bushfire preventative measures
- Address other ancillary matters of approval or compliance
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