Conditions of Approval
Understanding conditions of approval can be integral in delivering a property development project
The wrong set of conditions can severely impact upon the feasibility of a project. Here, we’ve pulled together a great list of resources to assist our clients in navigating the complicated world of conditions of approvals.
What is a development condition?
Development approvals come with conditions that outline when and how the approved development can proceed. These conditions typically consist of two parts: the condition itself and the timeframe for meeting it. These conditions are accessible to the public and help establish community expectations regarding the development’s completion. It is extremely rare that an approval will be issued without a set of conditions attached to it.
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Frequently Asked Questions
If you can’t comply with one of your conditions, a Change representation, or Change application will be required to rectify the issue. Otherwise, you cannot comply with your approval and will be committing a development offence.
Yes, you can negotiate your conditions by lodging a ‘Change representation’ within 20 business days of your decision notice. Learn more about Change representations here.
Legal effect of conditions
The development approval conditions apply to all individuals and companies involved in the approved work or activities. Non-compliance or violation of these conditions is an offense under the Planning Act 2016. It’s important to note that the development approval and its conditions remain applicable to the land, regardless of any changes in ownership.
Here at Steffan Harries, we provide a detailed review of all conditions of approval to ensure you can achieve compliance without any significant time or cost delays.
Consequence of non-compliance
The applicant (usually the property developer undertaking the project) is responsible for fulfilling all development conditions. Not meeting these conditions can have serious effects on the surrounding area and may render the development unlawful.
The council employs enforcement officers to investigate potential breaches of development approvals. Consequences for unlawful development may include costly fines, legal actions, the need to submit a new development application for approval, and/or discontinuation of premises use. This process can be expensive and time-consuming.
Negotiating amendments to conditions
Within 20 business days from receiving a set of approved conditions, applicants can request to negotiate the conditions of development approval.
If agreed upon, the council can modify the approval conditions by issuing an amended conditions package to the applicant. This process is called ‘Change Representations’.
Instructions on requesting a negotiated decision are included in the applicant’s decision package.
Change Applications
If you have missed the 20 business day period to lodg Change representations, you may need to lodge a Change application to further negotiate the approved conditions.
An example of approval conditions:
General/Planning Requirements for a warehouse development in the Brisbane City Council region (just the first few conditions including their timing):
| Timing |
1) Maintain the Approved Development Maintain the approved development in accordance with the approved DRAWINGS AND DOCUMENTS, and any other relevant Council approval required by the conditions.
| At all times |
2) Hours of Operation Hours of operation for the approved Warehouse must be in accordance with the following: – Deliveries can only occur between 7am and 7pm Monday to Saturday
| At all times |
3) Approved Drawings and Documents A legible copy of the Council approved DRAWINGS AND DOCUMENTS and the Development Approval Package must be maintained on site and kept available for inspection by site workers and Council officers. Note: This condition is imposed to ensure compliance with the conditions of development approval.
| While site/operational/building work is occurring |
4) Carry Out the Approved Development Carry out the approved development in accordance with the approved DRAWINGS AND DOCUMENTS. Note: This approval does not imply permission to enter neighbouring properties to carry out the construction (including, but not limited to, associated drainage and earthworks). Permission to enter neighbouring properties must be obtained from the relevant property owners.
| While site/operational/building work is occurring |
5) Complete All Building Work Complete all building work associated with this development approval, including work required by any of the conditions included in the Development Approval Package. Such building work must be carried out in accordance with the approved DRAWINGS AND DOCUMENTS. Note: Building work must also be completed in accordance with any other current development approval.
| Prior to issue of Certificate of Occupancy/Final Inspection Certificate or prior to commencement of use, whichever comes first |
6) Restricted Uses Public access to the Warehouse is not permitted and the warehouse must only support the distribution of wholesale goods that are ancillary to the goods being stored on site. For the purposes of this development permit, conditions package and the ongoing use of the development, the terms: ‘warehouse’ are as per the definitions of Brisbane City Plan 2014 (v21.00/2021). Note. Should any other uses be proposed, then a further Material Change of Use – development permit/s will be required.
| At all times |