Conditions of approval
Most development approvals have conditions. The conditions form part of the development approval package and set out the circumstances in which the approved development may proceed.
Often the purpose of conditions is to protect or reduce impacts on the environment and amenity. Some conditions relate to the provision of infrastructure to adequately service the proposed development.
Conditions usually have two parts: (1) condition; (2) timeframe for the condition to be met.
The Planning Act 2016 (PA) allows an applicant to negotiate conditions of development approval, following receipt of the decision notice.
Legal effect of conditions
Conditions are an integral part of an approval and it is an offence under PA to:
- fail to comply with a development condition
- breach a development condition.
The development approval conditions binds each and every individual and company who undertake any work or carry out any use under the development approval.
The development approval and conditions stay with the land, regardless of a change in ownership.
Consequences of breaching conditions
All conditions of development must be met by the applicant. Failure to meet the required conditions may have significant impacts on the surrounding area and may result in an unlawful development.
Council has a team of enforcement officers who investigate possible breaches of development approvals. The consequences of unlawful development may include:
- court actions
- the requirement to lodge a further development application and obtain approval
- ceasing use of the premises.
This can be a costly and timely process.