Australian Capital Territory Consolidated Regulations

PLANNING AND DEVELOPMENT REGULATION 2008 - REG 35

    (1)     Development in accordance with the changed development proposal is taken to be in accordance with the development approval if—

        (a)     the change relates only to a matter (the relevant matter ) to which schedule 1A (Permitted variations to approved and exempt developments) applies; and

        (b)     the change complies with the criteria for the relevant matter in schedule 1A; and

        (c)     a designated development for the development, as changed by the relevant matter, complies with the general exemption criteria that are applicable to the development except to the extent that the development approval allows the development to not comply with the criteria.

Note 1     Designated development , in relation to land—see sch 1, s 1.2.

Note 2     General exemption criteria , for a development—see sch 1, s 1.10.

Note 3     The development may still need building approval, or further building approval, under the Building Act 2004 .

Note 4     The development must also comply with the lease for the land on which it is carried out.

    (2)     Also, development in accordance with the changed development proposal is taken to be in accordance with the development approval if the change would not need development approval if the change were made after completion of the development.

Example—change

Construction of a dwelling has development approval. The developer wishes to change the slope of the roof by less than 2 ^o (see sch 1, s 1.24). The developer may construct the dwelling with the changed roofslope without seeking approval for the change.

Note 1     The change may still need building approval, or further building approval, under the Building Act 2004 .

Note 2     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)     Also, development in accordance with the changed development proposal is taken to be in accordance with the development approval if the change consists of adding an exempt development to the development.

Example—change

Construction of a dwelling has development approval. The developer wishes to incorporate a skylight that complies with the conditions in sch 1, s 1.26, and so is an exempt development. The developer may construct the dwelling with the skylight without seeking approval for the skylight.

    (4)     However, subsections (2) and (3) do not apply if the change results in non-compliance with 1 or more of the following:

        (a)     schedule 1, section 1.17 (Criterion 7—no multiple occupancy dwellings);

        (b)     the requirement under schedule 1, section 1.41 that there be not more than 2 exempt class 10 buildings in a boundary clearance area in conjunction with schedule 1, section 1.18 (Criterion 8—compliance with other applicable exemption criteria);

        (c)     the requirement under schedule 1, section 1.100 (Compliant single dwellings) that there be not more than 1 dwelling on a block.