APPEAL — unauthorised alterations and additions — amended plans and documents — conciliation conference — past unlawful conduct not a relevant consideration in the determination of a DA — agreement between the parties — orders made
Quick Take
1Development consent may be granted for the prospective use of unlawfully constructed works, even though consent cannot be granted retrospectively for the construction itself (Ku-Ring-Gai Council v Buyozo Pty Ltd [2021] NSWCA 177; Ireland v Cessnock City Council [1999] NSWLEC 153).
2Past unlawful conduct by an applicant is not a relevant consideration in the determination of a development application, except to the extent that past conduct may yield information about the impacts of development (Jonah Pty Ltd v Pittwater Council [2006] NSWLEC 99).
3A building information certificate need not be in place prior to the grant of consent to use unlawfully erected works, provided the structural adequacy of the works is considered (Marshall Rural Pty Ltd v Hawkesbury City Council [2015] NSWLEC 197).
