Conditions are included on every development approval. These form part of the development approval package and set out the circumstances in which the approved development may proceed.
All conditions are required to be reasonable and relevant, having regard to the proposal and planning requirements.
Legal effect of conditions
Conditions are an integral part of an approval. It is an offence under the Sustainable Planning Act to:
- fail to comply with a development condition;
- breach a development condition.
The conditions bind each and every individual and company that undertakes any work 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 action;
- the requirement to lodge a further development application.
This can be a costly and time-consuming process.