Can complying development approval be withdrawn?

[ok180]

hi everyone,

We have had a granny flat with an attached garage approvaed by a private certifier about a month ago. Just got a call and they are saying thr council don't like the idea of the attached garage and want us to remove it. The dwelling was approved as a complying development under the SEPP fro granny flats.

Can they make us change this after it has been approved? My worry is if we go ahead with it they could give us grief during construction. I think the private certifier got in strife from the council and is now trying to cover their behind at our expense,


Thanks

 

[brazen]

hi everyone,

We have had a granny flat with an attached garage approvaed by a private certifier about a month ago. Just got a call and they are saying thr council don't like the idea of the attached garage and want us to remove it. The dwelling was approved as a complying development under the SEPP fro granny flats.

Can they make us change this after it has been approved? My worry is if we go ahead with it they could give us grief during construction. I think the private certifier got in strife from the council and is now trying to cover their behind at our expense,


Thanks

No, they can't ever revoke a CDC Approval once issued.

The Council can lobby the BPB (Building professionals Board) to fine the Certifier- and it's a hefty fine depending on the seriousness of the breach and his approvals history.

Your aproval can NEVER be revoked though.

 

[RetireRich101]

Did Council give a reason what the problem is with attached garage? I've seen new GF built with attached garage being approved.

Unless in the drawings the garage had carpets and built in wardrobes

 

[fernfurn]

Dont change this in any way though. Friends had approval for 2 townhouses, demolished their home, then sent it back to council for slight change and council revoked the first approval. They tried all sorts of ways to gt them to change their mind, but council refused and they had to rebuild their original house

 

[mattnz]

Dont change this in any way though. Friends had approval for 2 townhouses, demolished their home, then sent it back to council for slight change and council revoked the first approval. They tried all sorts of ways to gt them to change their mind, but council refused and they had to rebuild their original house

Thats insane!

I have just been through the process of a building certifier approving the build, then trying to get strata titling done and the council picking up issues that weren't an issue from the certifiers perspective.

It seems some of these fast track initiatives end up causing a lot of issues at times, as the council isn't involved earlier in the process to have their say.

 

[brazen]

Dont change this in any way though. Friends had approval for 2 townhouses, demolished their home, then sent it back to council for slight change and council revoked the first approval. They tried all sorts of ways to gt them to change their mind, but council refused and they had to rebuild their original house

No. That doesn't sound right at all.
An amendement (Section 96) can iteslf be refused but that doen't negate the original approval. No way on Earth. Perhaps it expired? 5 Years validity OR they submitted a request to have the DA revoked BUT there's no way the original DA is revoked based on a request for amendments.

You have beemn misinfomed my friend. Perhaps they're just not happy.

Brazen.

 

[twodogs]

Hi Brazen,

On the subject of S96, I have always assumed changes would have to be in accordance with the rules as of the time of the original DA and not the new rules, is that correct? Also, if physical construction has started and the DA will not expire (even if more than 5 years) can section 96 applications be made?

A little off topic, sorry, just always wanted to know

 

[brazen]

Hi Brazen,

On the subject of S96, I have always assumed changes would have to be in accordance with the rules as of the time of the original DA and not the new rules, is that correct? Also, if physical construction has started and the DA will not expire (even if more than 5 years) can section 96 applications be made?

A little off topic, sorry, just always wanted to know

It's ok twodogs- good question.
The Section-94 Contribution levy(s) due are those which are effective on the day the Consent is granted. i.e. not the date works commence.

The fees can't be changed (for better or for worse) if the policy chages after the date of consent. Mind you with some of the ridiculous fees some Council's charge it might be worthwile revoking a DA and reapplying if they remove/reduce their S94 fees!

Brazen.

 

[twodogs]

Thanks brazen, actually question was about changes, not charges to da

 

[brazen]

Thanks brazen, actually question was about changes, not charges to da

eeeeeek! Sorry!

To answer your actual question, how should amendment (S96) compliance be addressed?

I'm quite certain that a Section-96 modification would need to be congruent with the development standards on the day of submission, not to the standards set out at the time of the original consent.

I hope that made sense?

To answer your other question, can an amendment be proposed after works have commenced? Yes, I think so. For example, you started building a dwelling and then you decided to extend a wall 200mm, I think yes, you can ask for a Section-96 amendment.

There are 3 types of Section-96 amendments. From memory (and it has been a year or two since I did one), type 1 is very minor such as a typo on a plan or dimensional error- things like that.

Type 2 is still minor but might be something like an internal alteration to a room or a change to a window etc.

Type 3 is more significant like a change to a building footprint, change of a setback or structural amendment.

Council Section 96 Amendment fees get more expoensive as you go up in mumber, of course!

Brazen.

 

[Ideo]

Dont change this in any way though. Friends had approval for 2 townhouses, demolished their home, then sent it back to council for slight change and council revoked the first approval. They tried all sorts of ways to gt them to change their mind, but council refused and they had to rebuild their original house

In NSW at least I don't see what powers Council would have to do that. They can't just change their mind.

They should go to the Land and Environment Court. Very odd.

 

[fernfurn]

Absolutely guaranteed it happened (approval withdrawn) but I will ask her if the original approval had run out or what happened.