The opening of a major extension to the Winmalee Village shopping centre has been thrown into doubt after it was revealed work was carried out without the appropriate certifications.
The shopping centre's owner, property fund manager ISPT, has conceded "that the correct certifications haven't been obtained for the latest extension of Winmalee Village" and that it is taking the matter "seriously".
Blue Mountains City Council is investigating the issue of a legally-required construction certificate for the extension and could decide to prosecute over the matter.
Blue Mountains mayor Mark Greenhill expressed shock at the development.
"I am surprised that a developer of this scale would experience something like this," he said. "It is not clear to me how this has happened. We ask that mums and dads obtain and comply with relevant approvals when building or extending the family home, so we must expect the same rules to apply to a big company."
A spokesperson for ISPT said they are "committed to continuing to deliver quality facilities and services for the Winmalee community".
"We were disappointed to learn that the correct certifications haven't been obtained for the latest extension of Winmalee Village and we are taking this matter seriously," the spokesperson said.
"We appreciate the critical nature of following the development application and construction certificate process, and are working with our third-party provider to rectify this matter to the satisfaction of the Blue Mountains City Council."
The $4.9 million extension to the shopping centre in White Cross Road was approved by the Blue Mountains Local Planning Panel in September 2021. A condition of consent required that a construction certificate be obtained from council or a private certifier prior to any building works occurring.
A council spokesperson said it appears that no construction certificate was obtained for the construction of a new two-storey commercial building as part of the extension.
"A construction certificate application and approval process ensures that new development complies with relevant approvals, as well as bushfire safety requirements and the Building Code of Australia," said Blue Mountains City Council CEO, Dr Rosemary Dillon.
"It is critical that everyone who is undertaking building work in the Blue Mountains obtains and complies with relevant approvals. This is not some superfluous process. Obtaining a construction certificate is critical to ensuring that new buildings in the Blue Mountains are safe for future users.
"Under the Environmental Planning and Assessment Act, a person with the benefit of development consent has a legal responsibility to act in accordance with the terms of that consent. Council is obliged to take enforcement action, including potential prosecution, when we become aware that there has been a breach of the Act," said Dr Dillon.
ISPT's website states it was established in 1994 by some of Australia's leading industry superannuation funds and now has a $21.5 billion portfolio of 140 properties across Australia.
