Can a change in landscaping plans compromise my approval?

Construction is complete, the boxes are unpacked, and now it’s time to focus on transforming your outdoor space. It’s not uncommon for landscaping plans to evolve during this stage. Whether it’s for aesthetics, functionality, lighting, or simply a change of heart, adjustments are often made.

While modifying your landscaping plans post-approval is possible, it’s crucial to remember the strict conditions associated with your Complying Development Certificate (CDC). Ensuring that any changes to your approved plans keep your property compliant is essential to avoid potential setbacks.

1. Meeting CDC Conditions

When you apply for a CDC, there are specific guidelines and conditions you must follow, including those related to landscaping. Proper landscaping ensures that your development complies with local regulations regarding the environment, safety, and aesthetics. For example, you might need to include specific types of plants, maintain certain distances from property boundaries, or ensure proper drainage to prevent soil erosion.

2. Environmental Considerations

Landscaping plays a vital role in protecting the environment. It helps in managing stormwater, improving air quality, and providing habitats for local wildlife. By choosing native plants and maintaining green spaces, you contribute to biodiversity and reduce the environmental impact of your development. This is important not just for the approval process but also for creating a sustainable and environmentally friendly space.

3. Aesthetic Requirements

A well-designed landscape enhances the visual appeal of your property. It can increase property value, make the space more inviting, and create a positive impression on visitors and potential buyers. Good landscaping is not just about planting trees and shrubs; it’s about designing a space that complements the architecture of the building and enhances the overall look and feel of the development.

Key Considerations Before Changing Your Landscaping Plans

When thinking about making changes to your landscaping, consider these important questions:

• Approval Type: Was your approval obtained via Development Consent, or was it fast-tracked with a Complying Development Certificate?
• Conditions Impact: Are there specific conditions in the Development Consent that affect the approved landscaping plan?
• Consent Authority: Who granted the Consent? Was it your local council, or did you engage a private certifier?
• Specialist Involvement: Were specialists, such as landscape architects, horticulturists, or arborists, involved in creating your approved landscaping plan?

Additionally, if your proposed changes affect the ratio of soft landscaping (such as paving around pools or concrete alfresco areas), your original approval could become invalid. This might require a Building Information Certificate or an amendment to your Development Consent or Development Certificate.

Risks Associated with Changing Landscaping Plans

When you change landscaping plans after receiving a Complying Development Certificate in New South Wales, there are several risks you should be aware of:

1. Non-Compliance with CDC Conditions

The CDC approval comes with specific conditions that your landscaping must meet. If you make changes to your plans without following the proper procedures, you might end up violating these conditions. For example, if you plant different species than what was approved or alter the layout in a way that affects drainage, you could be found non-compliant. This can lead to serious issues with your local council or certifier, as they expect the development to be completed exactly as approved.

2. Legal and Financial Implications

If your landscaping changes lead to non-compliance, you could face legal consequences. This might include fines or even an order to undo the work and restore the landscaping to the approved plan, which can be expensive. Additionally, if you need to resubmit plans or make modifications to get approval for the changes, this can lead to further costs, both in terms of time and money. Legal disputes can also arise if the changes negatively impact neighbouring properties or the environment.

3. Impact on Occupation Certificate (OC)

The Occupation Certificate (OC) is essential for legally occupying your new development. Significant changes to your landscaping plans can delay the issuance of this certificate. If your new plans don’t meet the required standards or the original CDC conditions, the certifier may refuse to issue the OC until all issues are resolved. This delay can push back your project completion date, affecting your overall schedule and potentially increasing costs.

4. Environmental Impact

Landscaping is not just about aesthetics; it also has a significant environmental role. Changing your plans could lead to environmental harm, such as increased soil erosion, loss of native plants, or damage to local wildlife habitats. These impacts could result in regulatory action, including fines or orders to mitigate the damage. Moreover, causing environmental harm can tarnish your project’s reputation and lead to further scrutiny from local authorities.

Steps to Take Before Making Changes to Your Landscaping

If you’re considering making changes to your landscaping plans after receiving your Complying Development Certificate, it’s important to follow these steps to ensure everything remains compliant and avoids unnecessary complications.

1. Consultation with a Building Certifier or Planning Consultant

Before making any changes to your landscaping, it’s crucial to consult with a building certifier or town planner. These professionals are well-versed in the rules and regulations that govern development in NSW. They can advise you on whether your proposed changes will still comply with the conditions of your CDC and guide you on the best course of action. By getting their input early, you can avoid potential legal issues, delays, and extra costs that might arise if your changes are not compliant.

2. Submitting a Modification Application

If your changes are significant, you’ll likely need to submit a Section 4.55 application under the Environmental Planning and Assessment Act 1979. This application is used to request modifications to your existing CDC. The process involves:

• Documenting the Proposed Changes: You’ll need to clearly outline what changes you want to make and why they are necessary.
• Providing Supporting Documentation: This may include revised plans, environmental assessments, and any other relevant information.
• Seeking Approval: Once submitted, the application will be reviewed by the local council or certifying authority. They will decide whether to approve the changes, often after considering any potential impacts on the environment and neighbouring properties.

Submitting this application ensures that your modifications are legally recognised and incorporated into your development approval, helping you avoid penalties or delays.

3. Review of Environmental Impacts

When you propose changes to your landscaping, it’s essential to reassess the potential environmental impacts. This might involve considering how the changes could affect things like water drainage, soil stability, local flora and fauna, and overall sustainability. If the changes could harm the environment, you may need to conduct additional environmental assessments or make further adjustments to your plans to mitigate these impacts. This review is important not only for compliance but also for maintaining the environmental integrity of your development.