What happens if the completed development differs from the approved plans?
If the completed development differs from the approved plans, the changes may need to be formally approved or rectified.
For Building Approval plans, amended plans can be submitted to the building certifier. The certifier can approve them only if the statutory requirements are met, including that the resulting building is not significantly different from the building shown in the original plans.
If the change also means the development is no longer covered by the existing Development Approval, a DA amendment may also be required.
Reference: Planning Act 2023(A2023-18), Section 205 and 209 – https://www.legislation.act.gov.au/View/a/2023-18/current/html/2023-18.html & Building Act 2004(A2004-11), Section 31-32 – https://www.legislation.act.gov.au/View/a/2004-11/current/html/2004-11.html
Short Answer
If the completed development differs from the approved plans, the changes may need to be approved or rectified. A certifier may approve amended building plans where the resulting building is not significantly different from the original approved plans. If the change is also no longer covered by the DA, a DA amendment may be required.
Detailed Explanation
Under ss 31–32 of the Building Act 2004, an owner may apply to the certifier for approval of amended building plans. The certifier may approve the amendment only where the statutory requirements are satisfied, including that a building constructed to the amended plans would not be significantly different from one constructed to the unamended plans.
Separately, under s 205 of the Planning Act 2023, where a development proposal changes and is no longer covered by its Development Approval, and the exemption in s 209 does not apply, the approval-holder must apply to amend the Development Approval.
No minimum block size does not remove the need for planning assessment.
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