Action will be Taken
Council has recently found it necessary to take action against owners for illegal building work. Orders to demolish have been issued on a number of buildings where the structure has been constructed without prior Council approval.
What Structures require Approval?
Construction of all but very minor structures, such as garden sheds not greater than 10m2 in floor area, without approval is an offence under the Act. Council's Environmental and Planning Services staff are always available during office hours to discuss any concerns people may have in relation to this issue.
It's an Offence
Persons intending to building need to be aware that they are required to obtain approval Before building work commences and that failure to comply is an offence under the provision of the Environmental Planning and Assessment Act. Council can order demolition and the Court can impose very severe penalties for illegal building works.
No Retrospecitve Approvals
Owners and builders should be aware that Council cannot approve an applicaiton for building works that have already commenced or have been completed. There are a number of Court decisions supporting the view that Council's are unable to give such retrospective approval. Approval must be obtained before construction commences.