The Cost Of Breaching Permit Conditions

22 December 2016

What happens when a developer ignores the requirements of a planning permit?

For the developer of two newly built townhouses in Normanby Road, Kew, the ultimate penalty was handed down with the Council demolishing the dwellings after the Builder was found to have made major changes to the development outside the scope of the approved permits.

The changes were identified by Council and included significant additional height and reduced setbacks from boundaries. The developer subsequently sought an amended retrospective permit through VCAT for the changes, however was unsuccessful. In response, Council obtained an enforcement order through VCAT that gave the developer until February this year to amend the development or have it demolished.

Despite attempts from the developer, the townhouses were unable to be altered to comply with the permit and the building was consequently demolished. This is an example of the risks some developers take in making changes without approval and it highlights that retrospective applications are not always successful.