Jeff Burton , of  Woonona NSW, made the following submission on the project:

Legislative Updates

The Department's proposed changes to 'Retrospective Approvals' (S96) do not seem to have been properly through and will result in negative implications for everyone - developers, community and Council.

The existing S96 process provides a pragmatic means to deal with minor changes in an open and transparent manner within clearly defined assessment boundaries ie. any amendments must address S79C(1) considerations and the development must remain substantially the same. These parameters / tests do not apply to Building Certificates.

Further, the existing S96 process enables community consultation. No community consultation (or transparency in decision making) occurs for a Building Certificate approval.

The S96 process provides the ability for the developer (and Council) to account for minor changes and regularise the DA paper trail leading to an Occupation Certificate. A Building Certificate does not address this issue.

A Building Certificate does not "approve" the works, and expires after 7 years - leading to uncertainty and confusion for everyone, including further potential compliance action involving parties that were never involved with the works.

For these reasons, the proposed changes to the existing S96 process should not occur.