Council - Changing DCP requirements mid DA approval process

2 months ago

Hi All, Appreciate your advice and guidance here.

We submitted a DA in Dec 23. Fully compliant with all Development Control Plan requirements etc. Tic-Tac on various things and had to set up height poles due to neighbour complaints, re-submitted plans to reduce impact on 7 July.

Council has now advised that the DCP provisions of its 4 July 24 DCP update should be considered and reflected - with a view to further reducing perceived impact. Council press release about the DCP changes is dated 11 July. No pre-warning was provided despite having a “live” DA in process.

There is a cost in both time and $ to do any further updates. With construction costs rising also, any delay will translate to higher build cost presumably.

What ability (legal reference?) do we have to ensure that when we commenced the DA process back in Dec 23, that is the version of the DCP that is applicable and relevant to our plans and so compliance should be retrospective to that date and not allow the goal posts to shift without any notice?

Appreciate any insights or advice of future approach. Am hoping to meet with them in near future to discuss in any case, so feedback would be valuable insight.

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Comments (3)

Kate
2 months ago
Consult a planning lawyer in your state
bigreader
2 months ago
It’s not a Council legal obligation to make sure you’re aware of the changes beforehand. Good customer service yes but not a legal obligation. Consider what it would cost you in legal advice versus what or would cost you to comply. You may find that it is quicker and easier to work towards compliance. Until you have a final approved DA you need to adjust to any changes along the way. Do you have a professional helping you? They should have let you know of upcoming changes and impacts. Sometimes being morally right isn’t enough to get you the outcome you need. Start the discussion with the Council Officers. They do this everyday and you won’t be the only one asking.
bigreader
2 months ago
Should have also added that DAs are governed by State Legislation, and administered by the local Council. Their ability to waive, alter or change the requirements will be limited. You can Search for the appropriate government Dept for your State on the process etc.