This article was published in New Planner June 2025.
The recent cases of Georges River Council v RNA Building Solutions Pty Ltd and Georges RiverCouncil v El Saadi [2024] NSWLEC 139 ('Georges River Council Decision') highlight the importanceof compliance with development consents.
Ordinarily, when a local developmentapplication is approved, the councilwill issue a development consentsubject to conditions. These require thebeneficiary of the consent (e.g., builder,developer, or homeowner) to complywith applicable building regulations, andenvironmental and safety requirementsduring construction. They usually alsoindicate the approved plans.
If an application is appealed to the Land and Environment Court, the judgment includes orders issued by that court. If the application is approved,these orders will usually include anyconditions of consent. Sometimes,these are agreed by the parties, such asafter resolving the issues at a Section34 Conciliation Conference. If the courtis satisfied jurisdictional matters areaddressed, it may issue consent orders.
Development must accord with theterms of the consent and the relevantenvironmental planning instrument(unless varied with approval). Failureto comply may lead to penalties orenforcement action.
Georges River Council Decision
On 18 December 2024, the Court convicted RNA Building Solutions and Mr El Saadi (as landowner and company director) under Sections 4.2(1)(b) and 9.50(3A) of the Environmental Planning and Assessment Act 1979 (NSW) ('EPAAct'). Both pleaded guilty to aidingor procuring offences concerningdevelopment on a Blakehurst property.
The works significantly deviated from the consent. The existing dwelling was demolished, the land excavated, anda new house erected, instead of theapproved alterations and additions. TheCourt found both parties had controlover the works and could have ensuredcompliance. They were fined for eachof the three development phases andordered to pay half of Council's costs.
Key lessons
Clear communication and transparentrecords between builders, developers,and councils are critical. Councils andcertifiers must enforce compliance toensure safe and lawful building. Anyunapproved or non compliant worksshould be rectified promptly.
Builders and developers must secure all approvals before starting work. If plans change, consent must be modified through Sections 4.55 and 4.56 of the EPA Act. Minor changes can be approved by a certifier but the Construction Certificate must remain consistent with the consent (EPA Development Certification and Fire Safety Regulation 2021, Section 19(1)(b)).Non-compliance can lead to fines, legalcosts and reputational harm.
The Georges River Council Decision underlines the role of developmentconsents and the obligation to adherestrictly to them.
Build right, build strong,build legally
To ensure compliance with developmentconsents and any issued orders,consider:
- Section 10.7 Planning Certificate: From council, this outlines theproperty's planning history, zoning,restrictions, and any outstandingBuilding Notices.
- Proof of Compliance: Inspection reports or certificates from buildersand contractors.
- Final Occupation Certificates: Issued by the certifier once the development complies with plans and conditions.
- Enforcement Records: See the NSWRegister of Building Work Orders forany active Prohibition, Rectification orStop Work Orders.
The message is clear - builders anddevelopers must "build right" bycomplying from the outset, "buildstrong" by meeting safety andregulatory standards, and "build legally" by securing proper approvals.
Authors: Holly Tang & Chester Hong
Contributing partner: Dennis Loether
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
