Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationssubstitute
Examples
1 A house, rear deck and pergola are to be built at the same time. Building the house requires development approval because of its height. The development approval for the house needs to include the deck and pergola because they are part of another development (ie the house) that requires development approval.
2 The development approval for the house in example 1 was issued subject to a single condition that the trees on the block be protected by a temporary fence during the building of the house. The design of the house is varied during construction to add an extra external doorway that complies with s 1.21. A variation to the development approval is not required because the addition of the doorway complies with sch 1A, s 1A.20. The condition of the development approval about trees being fenced is relevant to building the doorway. Criterion 5 (see s 1.15) does not prevent the addition of the doorway if the fence complies with the condition while the doorway is built. However, if the addition of the doorway breaches the condition, the addition of the doorway is prevented by criterion 5.
3 A new owner of a completed house proposes to attach a garage, deck and pergola to the house and to alter it by cutting-in an external doorway. Cutting-in the doorway, and building the garage, deck and pergola, will not be carried out as part of another development on the land and the works will comply with this schedule. The cutting-in of the doorway and the building of the garage, deck and pergola without a development approval is not prevented by criterion 6 because it is not part of another development which requires development approval. However, other general exemption criteria, and certain provisions in this schedule, might be relevant to the cutting-in of the doorway, and building the garage, deck and pergola.
Note 1 See also the examples to sch 1A, s 1A.10.
Note 2 An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).