Building a Study in a Unit (Cant get consent).

Hi so I have a property, its a 1 bed, 2 bath.

It is large, 104SQM.

I wish to build a wall to make a study.

This unit is unique, there are 7 above it with the same SQM, that already have a wall there, they are 2 bed, 2 bath. Mine was ordered to be a 1 bed, 1 bath at the Off the plan stage…… I pay less levies as a result.

I made the request for consent to the Strata committee, and got a response 46 days later saying that 3 of the 7 members voted, and all 3 voted no, so the strata manager cannot give me consent. Stating conerns regarding fire safety and damage to common property (All legal requirements are met by default, 2.7M, window, natural lighting etc).

A Bylaw states that if its a minor renovation, and the committee doesnt respond in 21 days, then the owner may proceed with the works. However the CDC consultant wont touch it without written/verbal approval…. so the bylaw does imply that I technically have consent…. but the strata committee manager is saying NO WAY.

I spoke to the council who said I should apply for a CDC as its a study rather than a room, that is to say that it is indeed a minor renovation within the current legislation and by laws… and therefore needs a CDC and not a DA….

So because I couldnt get consent to get approval from the governing bodies… I cannot proceed…

I tried Fair trading mediation, they declined.

I now face the prospect of going to NCAT… which sounds like a god forsaken hell hole where justice goes to die…

Anyway my question is, has anyone ever had success with NCAT and building a Study/internal non load baring wall?