Approvals on completion of building work—Act, s 48 (3) (g)
35 Approvals on completion of building work—Act, s 48 (3) (g)
On completion of building work, the following approvals are to be obtained:
if development approval for building work is subject to a condition that relates only to building work—approval of the chief planner to the way in which the condition has been satisfied;
approval of the installation of any fire appliance in the new building or new part of the building by the emergency services commissioner;
approval under the Scaffolding and Lifts Regulation 1950, section 21.
Examples—par (a)
1 Development approval is given for a multi-unit townhouse development (including plans for landscaping and a driveway). The approval is subject to the following conditions:
stated shrubs, additional to those shown in the plans accompanying the application for development approval, are to be planted;
the driveway is to be relocated to another stated place;
the road adjacent to the development is to be widened to create on‑street parking, in the way stated in the condition;
the plans are to be redrawn to show the townhouses with hipped roofs instead of gable-end roofs.
The conditions mentioned in pars (a), (b) and (c) relate to landscaping or site work. The condition in mentioned in par (d) relates only to the plans.
Because none of the conditions relate only to the building work, this section does not apply to the development approval.
2 The ACAT, on reviewing the decision to grant the development approval mentioned in example 1, remakes the decision to grant the development approval subject to the condition that the roofs of the townhouses are constructed as hipped roofs instead of gable-end roofs.
This section applies to the development approval as revised by the ACAT because the condition to which the approval is subject relates only to the building work.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.