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No, not always.
Consent is not required for development that is exempt or complying development under the State Environmental Planning Policy (Exempt and Complying Development Code) 2008. Click here to see our article on exempt and complying development.
However, there are also other circumstances in which you will not be required to obtain consent from Council.
For example, if you have been issued with an Order by Council under section 121B of the Environmental Planning and Assessment Act 1979 (EPA Act), and the order requires you to do something to a building which might otherwise require consent, the order is effectively your consent. Section 121O of the EPA Act provides that where a person carries out work in accordance the terms of an order issued under the Act, they are not required to obtain consent for that work.
Also, where a Local Environmental Plan identifies particular development within a zone as ‘permitted without consent’, the development may usually be carried out without the need to consult council or obtain a consent. However, you may still be required to engage a certifier to obtain a complying development certificate.
However, legal and/or planning advice should be sought before commencing work on the assumption that certain work does not require consent.
If you need more information or help please contact us.
Lorri is a director of PDC Law. Lorri combines excellent technical expertise with a common-sense approach to best represent her clients. She is one of few Accredited Specialists in Commercial Litigation in the Illawarra and Shoalhaven. This accreditation is testament to Lorri’s expert knowledge and skill in dealing with commercial disputes. In 2019 Lorri was awarded Regional Lawyer of the Year by Women Lawyers Achievement Awards.
