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ARTICLE · 06 JULY 2023

Is your Complying Development Certificate valid?

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Failure to include the purpose of development in a Complying Development Certificate could render a certificate invalid.

AustraliaReal Estate and Construction
Chloe Howard
Chloe Howard
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In the recent decision of Wollondilly Shire Council v Kennedy [2023] NSWLEC 53 the Land and Environment Court has held that the failure by a certifier or consent authority to include the 'purpose' of development in a Complying Development Certificate could render that certificate invalid.

Implications

  • A complying development certificate can only be issued for a permitted purpose.
  • Certifiers and consent authorities should take all necessary steps to satisfy themselves that the development is complying before issuing a complying development certificate.
  • The issuance of a complying development certificate does not protect a landowner from proceedings commenced by council to declare that complying development certificate invalid.

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