When a Development Application (DA) is approved, the approval will be accompanied by a Schedule of Conditions. These conditions provide detail relating to how a particular development should be undertaken. For the most part, these conditions will simply be references to working conditions or standards that apply to the development in question.
The Schedule may also include directives relating to additional works that need to be undertaken in conjunction with the development. In such cases, the applicant will often be required to provide additional, specific information about how they intend to satisfy these directives before work commences. From time to time I am contacted by a resident who has fallen foul of an inspection or sign-off process because they have not complied with the Schedule of Conditions or have not provided necessary information before commencing work.
In a column a few years ago, I discussed a case where a resident took advantage of a contractor working in the area to cut in a new driveway to their development. Unfortunately, they did this before receiving their approval paperwork, which, as it happened, included specific detail relating to how such work needed to be undertaken. First of all, they put their driveway, the entrance in particular, in a different location to that indicated in their application. In this case, this was not a major problem, but it added another non-compliant element to an already difficult situation. In general, however, a roadway entrance needs to be located where there is appropriate visibility (as determined by council, generally in consultation with NSW Roads and Maritime Services) and minimal potential for conflict with other vehicles that might be entering or using the roadway.
Next, while the driveway works satisfied basic council requirements for an unsealed roadway (maximum gradient 15%), they did not satisfy the requirements laid down by the Sydney Catchment Authority (now WaterNSW) (maximum gradient 10%) that were applicable in the area in question. These conditions were all laid out in the DA approval paperwork, a good reason to have waited for it before starting. The result was a requirement to seal the ‘above gradient’ section of the road, or build a new one, either option incurring considerable additional expense.
More recently, I encountered a situation where, having received the approval paperwork, a resident had constructed a new driveway but had not undertaken drainage works in accordance with stated requirements. In this case, it was evident to someone with local knowledge that the solution achieved the overall objective by improving the situation that existed prior to the works, but after the event it was not so obvious and, of course, it was not in accordance with the approved plans. Seeking approval for the variation before works commenced would likely have avoided this problem.
Note that, for the most part, the purpose of an inspection is to ensure that works comply with approved plans. If there is a variation in the works that has not first been approved, the inspection may fail, not because the works do not comply with the relevant standards but because the works are not as specified in the approved plans. Obviously, there is some latitude here, but it’s a good idea to check with council first, to seek their advice on whether any amendment needs to be submitted for approval prior to the commencement of works. And, of course, if the Schedule of Conditions indicates that additional details must be provided before work commences, it’s a good idea to follow those instructions and resolve any disagreements up front.
There are times when the old adage ‘It’s easier to ask forgiveness than it is to get permission’ applies. There are others when seeking permission first can save a lot of time and expense, not to mention aggravation.