�In the matter of 29-31 Nelson Street, Ringwood [2025] VBAB 91 | Case summary

�In the matter of 29-31 Nelson Street, Ringwood [2025] VBAB 91; (15 July 2025)

austlii:vic/VBAB/2025/91

VBAB|2025-07-15|Before: Members P, Member P, Applicant Mr J, Party Ms P

View original source

General information, not legal advice.

Judgment (4 paragraphs)

[1]

The Applicant's submission was that the Upgraded Fire Suppression Works would be sufficient to ensure adequate fire risk mitigation to a similar, if not better, level than as required by the BCA, thereby allowing the QT Panels to be retained.
The First Interested Party took a slightly different view in that although it largely concurred with the Basic Risk Mitigation Plan, it submitted that the QT Panels proposed to be retained on the Western façade and balconies of the Building should be removed.
The Applicant's response, which we accept, is that the installation of sprinkler to all balconies as part of the Upgraded Fire Suppression Works will be expected to manage any fire that occurs on the balconies as the fire would be controlled or suppressed by the sprinklers.
In that regard, we note had the Building complied with the Regulations, it would not have a fire sprinkler system, amongst other systems, as that is not normally required for the Building's BCA classification and Type.
Accordingly, despite the non-compliances, the installation of a residential grade sprinkler system to all parts of the Building, including the balconies, and a commercial grade sprinkler system to the carpark - as set out in the Upgraded Fire Suppression Works - will, on the balance of probabilities and on the technical expert evidence of Basic Expert, provide similar or better fire risk management and suppression, than the original requirements of the Regulations.
We note that given roles of the First Interested Party and Second Interested Party and their submissions that they both are interested in and want to remain involved in the safe rectification and management of the Building, the BAB encourages all the parties to continue to work together to ensure the Building is made safe.
Such continued involvement by the First and Second Interested Parties will provide a counterpoint view and ensure there is independent and critical review of the safety of the Building.

�In the matter of 29-31 Nelson Street, Ringwood [2025] VBAB 91; (15 July 2025)

At a glance

Court

Decision date

Before

Source

Judgment (4 paragraphs)

Cases Cited (1)

�In the matter of 29-31 Nelson Street, Ringwood [2025] VBAB 91; (15 July 2025)