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Posted 16 November 2022
Category: Planning Approvals
Individual buildings will need to obtain specialist advice to determine if these works are exempt development, but some reasons why it may be exempt include (not exhaustively):
|Subdivision 3 – Air-conditioning units|
|2.5 Specified development
The construction or installation of an air-conditioning unit is development specified for this code.
For evaporative cooling units see clause 2.30A.
|2.6 Development standards
(1) The standards specified for that development, if for residential uses only, are that the development must—
(b1) be located at least 1m from bedrooms of adjoining residences, and
(f1) be designed so as not to operate—
(1A) The standards specified for that development, if for purposes other than residential uses only, are that the development must—
(d1) be designed so as not to operate—
(2) Any opening created by the construction or installation of the development must be adequately waterproofed.
For further information about noise control see the Noise Guide for Local Government (ISBN 978 1 74232 942 0) published by the Department of Environment, Climate Change and Water NSW in October 2010
If the works are not exempt development, those works may not be excluded from compliance with the Design and Building Practitioners Act. For more information check out our article Existing Construction Projects: Do they Need to comply with the Design and Building Practitioners Act 2020?
We can assist with advice, applications and town planning certificates to support relevant applications.
Why is it important to get planning approval? There’s many reasons, including to avoid:
o Substantial penalties and stop work, removal or remediation orders can be issued under the Environmental Planning & Assessment Act 1989;
o Stop work, removal or remediation orders under the Design and Building Practitioners Act 2020 can be imposed on the building practitioner;
o The likely contractual ability of a contractor to terminate the contract; and
o Exclusion from insurance in respect of the illegal works.
***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.