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Posted 02 October 2015
Category: Strata, Renovations
The laws in relation to planning consents and development applications have undergone significant change in the last few years.
On top of this planning documents such as:
can create a confusing and complicated overlap of government controls and technical issues to be applied when authorities decide what developments should or shouldn’t be granted Development Consent and built in certain areas.
In summary Owners Corporations and residents have the following rights which may assist in stopping, modifying or having mitigating conditions imposed on a new development.
Once notified of a Proposed Development by Council, persons (including Owners Corporations) that may wish to object should:
Please note that slightly different, but similar steps need to be taken if the Development Application is Designated Development or State Significant Development in which case objectors to the Development Application can provide submissions:
If a Development Application is approved an objector has limited but still some legal avenues to challenge the Development Approval by way of:
Under present planning laws some developments do not need to obtain a Development Consent from Council as they are deemed to be Exempt or Complying Developments.
Exempt Developments are certain developments that fall within strictly defined parameters that mean they do not require consent by way of a Development Application these include rear decks of a certain size and construction and maintenance work.
Similarly Complying Developments are those developments (generally of a step up in scale from Exempt Developments) that fall within strictly defined parameters that allow consent to be obtained from a Private Certifier by way of a Complying Development Certificate (“CDC”) thereby bypassing Council and the notification procedures. Such projects include certain house constructions, house extensions, granny flats or swimming pools.
Owners Corporations and residents may also need to deal with private certifiers and councils in relation to the construction of buildings under Exempt or Complying Development Approvals if it appears that:
Bannermans Lawyers have a team of people experienced in all reasons of planning and construction law that can assist in objecting to a Development Application or in seeking enforcement of planning laws and controls.
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.