Consistency of a Construction Certificate with the Development Consent

When issuing a construction certificate, the certifier must be satisfied that the design is not inconsistent with the development consent. The Environmental Planning and Assessment Regulation 2000 allows for some minor variations between the development consent and the actual design and construction. One minor difference is unlikely to make the development not inconsistent however the certifier must consider the collective impact that a number of minor changes may have on the development. Consideration should also be given to the councils reasoning behind the imposition of each condition. It is essential for a certifier to ensure that the plans meet the not inconsistent test and also comply with BCA requirements. Notations on the plans and accompanying details and certifications are an effective means for achieving this compliance. There are serious implications for certifiers found guilty of issuing a construction and endorsing plan that are inconsistent with the conditions of the development consent.