Georges River Council is seeking amendments to the NSW Environmental Planning and Assessment Act 1979 to prevent owners and applicants applying for retrospective approval for unauthorised development or building works.
The General Manager will write to the NSW Minister for Planning and Public Spaces seeking amendments to the NSW Environmental Planning and Assessment Act 1979.
Situations commonly occur across Sydney where unauthorised works are undertaken prior to the lodgment of a Development Application or Complying Development Certificate.
In these instances, Council is legally obliged to accept and determine those applications, regardless of the nature of the unauthorised work that may have previously been undertaken at the site.
The proposed amendments would prevent property owners, developers or applicants obtaining approval via a Complying Development Certificate or a Development Application if the property is subject to outstanding regulatory investigations and/or legal action.
In NSW, the Environmental Planning and Assessment Act 1979 is the primary legislation governing the assessment, determination and regulation of development.