General restrictions on granting building development approval
83 General restrictions on granting building development approval
The private certifier must not grant the building development approval applied for—
until, under the Planning Act and the Economic Development Act 2012, all necessary development permits and PDA development permits are effective for development, other than building work, that may affect any or all of the following—
the form or location of the building work;
the use of the building or other structure;
the assessment of the building development application; and
Example—A proposal involving building work also involves a material change of use, reconfiguring a lot and operational work under the Planning Act. The material change of use, reconfiguring a lot and operational work are categorised as assessable development under the Planning Act. The private certifier is engaged to carry out building assessment work and decide the building development application. The private certifier must not grant the building development approval applied for until, under the Planning Act, all necessary development permits are effective for—
• the material change of use, which will affect the use of the building or other structure
• reconfiguring the lot, which will affect the location of the building work on the reconfigured lot
• the operational work, other than operational work that does not affect the form or location of the building work or assessment of the building development application, including, for example, landscaping work.
if the building development application is for a development permit that, under the Planning Act, section 73A, does not authorise the carrying out of a part of the building work unless a relevant preliminary approval is in effect for the part—
until the relevant preliminary approval is in effect for the part; or
until a development permit given by an entity other than a private certifier is in effect for the part; and
Example—A building development application is made for a development permit for building work that must be assessed against the building assessment provisions and a code in the local government’s planning scheme. The code is not a building assessment provision and none of the referral agencies for the application are required, under the Planning Act, to assess the application against, or having regard to, the code. A private certifier is engaged to assess and decide the building development application. The private certifier must not grant the development permit until either of the following is in effect for the part of the building work that must be assessed against the code—
a preliminary approval given by the local government under the repealed Sustainable Planning Act 2009; or
a development permit given by the local government.
if the building development application is for a development permit for building work and a part of the building work is PDA-related development that is PDA assessable development—until a PDA development permit is in effect for the part; and
until the building assessment work for the application has been carried out under the building assessment provisions; and
if, under the Planning Act, a referral agency must assess the building work against, or having regard to, a matter relating to the building work—until—
the referral agency has given its referral agency’s response to the private certifier or, if the referral agency does not give a response before the end of the referral agency’s response period for the application, until after the response period has ended; and
if the referral agency is the local government—any security it has required for the carrying out of the building work has been given; and
if proposed works relating to the development include installing or altering on premises an on-site sewage facility under the Plumbing and Drainage Act 2018—until a permit under that Act has been given for the installation or alteration.
Maximum penalty—165 penalty units.
Subsection (3) applies if the private certifier receives the application before a following application or request is decided—
if subsection (1)(a) applies to the application—a development application for each development permit, or a PDA development application for each PDA development permit, mentioned in the subsection;
if subsection (1)(b) applies to the application—a development application for a preliminary approval or development permit mentioned in the subsection;
if subsection (1)(ba) applies to the application—a PDA development application for a PDA development permit mentioned in the subsection;
if subsection (1)(e) applies to the application—an application under the Plumbing and Drainage Act 2018 for a permit mentioned in the subsection.
For the development assessment process under the Planning Act, the building development application is taken not to have been received by the private certifier until the day the last or only application or request mentioned in subsection (2)(a) to (c) to be decided is decided.
This section does not limit part 4.
In this section—PDA assessable development see the Economic Development Act 2012, section 33(3).PDA development application see the Economic Development Act 2012, schedule 1.referral agency’s response period, for a building development application, means the period stated in the development assessment rules under the Planning Act for complying with section 56(4) of that Act for the application, including any extension of that period under the rules.relevant preliminary approval see the Planning Act, section 73A(6).
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