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 8/22/2013 3:12 PM
 

Coolamon Shire has received correspondence from Fair Trading advising that Council must issue a development consent prior to Fair Trading being able to issue an owner/builder permit. This differs somewhat from Coolamon Shire’s current approach.
As I am sure is the case with most other Councils, Coolamon Shire receives a majority of DA’s as combined DA/CC applications. As a result, Council require applicants to provide the details relating to their o/b permit at the time they lodge the DA/CC application (and as such regard the application as incomplete until the permit is received). Council also apply this requirement to CDC’s, which are essentially a combined DA/CC.
Firstly, is this approach consistent with how other Council’s operate? And Secondly, if it is different, could you please advise how your Council approaches it?
We understand that some Council’s incorporate the o/b permit as a condition of consent. However, our Council is wary that if we take this approach then construction works are more likely to commence without an o/b permit being provided, even though the applicant would be liable for a $1500 PIN for not complying with a development consent. We would prefer to continue with our current approach as it ensures that the permit is being provided in the first instance, whilst also saving on the unpleasantness associated with issuing hefty PINs.
Any advice would be greatly appreciated.
Regards - Scott Martin
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 8/22/2013 3:13 PM
 

Scott
We accept the application and when registered we issue an acknowledgement letter with the DA number and then proceed to determine the application
As approved waiting but will not issue until the owner builder permit is submitted to Council
Regards

Paul

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 8/22/2013 3:14 PM
 

Scott
I concur with Coolamon Shire’s approach to the o/b permit during the lodgement of DA/CC applications.
However Fair Trading has taken a new approach that the applicant must show their development consent prior to being issued with a o/b permit. This appears to be the case since May 2013.
My discussion with Fair Trading has provided with the explanation:
that the applicant has lodged a request for o/b with the agency, the applicant has also provided details of his o/b course (certificate of attainment) and paid the fee. Once we received the development consent, it is simply a matter of confirming the details and send out the paperwork (o/b permit).
Our approach is to issue development consent subject to copy of certificate of attainment (o/b) being provided by the applicant. A condition is attached to the consent. The issuance of CC is put on hold pending the o/b permit, and often that get sent through (email) in the following 7 days. Thus far, we have done only 3 such applications, the majority being contract builders.
In my view, it is just another lack of consultation from NSW Fair Trading.

Regards

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 8/22/2013 3:14 PM
 

Wagga City Council had previously adopted the approach of requiring the Insurance / Owner Builder Permit prior to release of Construction Certificate – however (since 2010) our process has been amended to now require as per the prescribed conditions in the EPA Act and SEPP to require evidence of fulfilment of Home Building Act 1989 requirements prior to works commencing on site – the Department of Fair Trading administer the Home Building Act 1989 – not Local Government – it is their role to protect consumers with regards to residential building work).
Council’s building inspectors do however require a copy of insurance requirements / owner builder permit prior to carrying out any inspections on site.

Regards

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 8/22/2013 3:15 PM
 

As far as we are concerned, with both DA/CC’s and CDC’s, after the application was lodged with Council, staff would give the Applicant the DA/CC or CDC number,. The Applicant would then be requested by us to ask the Office of Fair Trading to fax a copy of the O/B Permit to Council once it was issued. According to my admin staff, the OFT would always comply with this requirement in a timely manner and well within the 10 day statutory time period for determining CDC’s.
However, in the case of combined DA/CC’s, if we didn’t receive a copy of the O/B permit or the HOW Insurance, then we would only issue the DA and hold the release of the CC until the copy of the O/B permit was received. As Colby stated, the prescribed conditions pursuant to Division 8A of the EPA Regulation 2000 require evidence to be submitted to the PCA that either the HOW Insurance has been paid or that an O/B Permit has been obtained and that we will not carry out any inspections until either of the above are complied with.
In my opinion, the sooner the OFT get rid of Owner Builder permits, the better, but we all know that Aussie politics will not allow this to happen!!!!!!
Regards,

Ralph

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 8/22/2013 3:15 PM
 

Environmental Planning and Assessment Act 1979
109E Principal certifying authorities
(3) A principal certifying authority for building work or subdivision work to be carried out on a site is required to be satisfied:
(b) that the principal contractor for the work is the holder of the appropriate licence and is covered by the appropriate insurance, in each case if required by the Home Building Act 1989, before any residential building work over which the principal certifying authority has control commences on the site, unless the work is to be carried out by an owner-builder, and
(c) that the owner-builder is the holder of any owner-builder permit required under the Home Building Act 1989, before an owner-builder commences on the site any residential building work over which the principal certifying authority has control,

Environmental Planning and Assessment Regulation 2000
98 Compliance with Building Code of Australia and insurancerequirements under the Home Building Act 1989
(1) For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:
(b) in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

136A Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989
(1) A complying development certificate for development that involves any building work must be issued subject to the following conditions:
(b) in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance must be entered into and be in force before any building work authorised to be carried out by the certificate commences.
Doug Burke
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