Blue Mountains News

Council successfully prosecutes for unauthorised development

By Blue Mountains City Council
Archived 19 Jun 2023 - Posted: 21 Apr 2023
A property owner has been prosecuted in the local courts for unauthorised building work and fined more than $22,000.

The defendant built a two-storey house with a swimming pool and studio on bushfire prone land in Faulconbridge, without the required development approval.

Blue Mountains City Council Director of Environment and Planning Services, Will Langevad, said: “By not obtaining a development consent, the property owner bypassed all planning controls and critical stage inspections.

“I’d like to remind everyone in our community that Council requires a robust approval and certification process when it comes to buildings.

“New buildings, and changes to existing buildings, must meet all requirements of the National Construction Code and Planning for Bushfire Protection.

“This is in the interest of the whole community, the safety of the community, including the defendant, and our World Heritage environment.

“If any resident is in any doubt as to whether permission is required for construction or amendments, whether large or small, Council’s Development Advice Team can answer their questions.”

On 20 March, the matter was heard at Katoomba Local Court, with the defendant prosecuted for development without consent, contrary to theEnvironmental Planning and Assessment Act 1979.

The defendant was convicted of the offence and fined $22,500, plus $2,380 costs. The Magistrate at Katoomba Local Court took the defendant’s early guilty plea and mitigating circumstances into account, reducing the $30,000 fine by 25 per cent.

To find out more and whether you need approval for building work, check the links below:

development-types

a-z-of-development

development-advice

 
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