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Q. And you wanted to use the basement as a living room, and you asked for permission to use that basement as a living room, and that was only granted conditionally on this wall being removed?
A.-No. I simply made application for the certificate. Then the Inspector came and condemned the wall. I never made any special application for a living room,
Q. How came it before the Board then?
A-I applied afterwards, because it was only a parapet wall. It was only three feet high. The basement is rather a peculiar thing. Under the Ordinance, it is not a basement, unless it is abutting against the earth. In this special case, the light obtained to these two rooms when you removed the parapet wall is not to basement rooms at all.
Q.-Then I dont see why you applied for permission to use the basement as living
rooms.
A. Because there was not 13 feet clear space from the verandah to the open air.
Q.--Therefore you did not conform to the Ordinance ?
A.-Not as to that.
Q-But you said you sent in plans conforming to the Ordinance?
A. They passed it though it was not.
Q-Therefore they passed something which was illegal ?
A. Yes.
Q. And they did not find out their mistake
A.-Until the place was finished.
Q.-Going back to Sydney, they would have found that out at once?
A. Yes, because they are constantly dealing with nothing but plans.
Q. And therefore you think there was dereliction of duty on the part of some officer for passing something illegal ?
A. I made the plans myself, and I must say I did not notice it.
Q.---Verandahs are included in external air?
A.-No. You measure from the outside of the pier. A verandah is not part of the external air. I believe the Crown Solicitor decided that some six months ago. It is measured from the face of the pier.
Q.-"External air means the air of any space which is vertically opened to the sky, and unobstructed and which, when measured from and at right angles to the external surface of the wall, or where there is a verandah or balcony when measured from the external surface of such verandah or balcony, has a dimension of not less than 13 feet throughout the extent of any window opening in such wall, and when measured parallel to the external surface of such wall, verandah or balcony, and in a horizontal direction has a dimension of not less than 5 feet."
A. Yes, 13 feet is from the external face of that balcony or verandalı, that is the outside of the pier. So the Crown Solicitor has defined it.