Posted on June 19, 2015 by Stuart Simington
Decision on invalidity of inconsistent construction certificates will not be overturned by the High Court
Burwood Council’s application for special leave to appeal against the Court of Appeal’s decision in Burwood Council v Ralan Burwood Pty Ltd (No 3) [2014] NSWCA 404 has been refused by the High Court today.
The law remains that construction certificates issued in relation to plans that are inconsistent with a development consent are not liable to be set aside on grounds of that inconsistency. You can read our previous posts about the issue here:
- A Missed Opportunity to Deal with Validity of Construction Certificates
- Construction certificates – inconsistency with DA held not to effect validity
- Inconsistency between Construction Certificates and Development Consents
Assuming that the policy outcome is not that desired by the Government, any reform now almost certainly require legislation.
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