The ACT Construction Occupations Registrar has summonsed two Canberra builders to the ACT Magistrates Court on separate proceedings after it is alleged one company started construction without DA approval while another failed to comply with a rectification order.
Four charges have been laid against TP Dynamics, the builder behind the Wish Development in Bruce, and one charge against Madison Constructions, the builder of Kelkiah Apartments in Macquarie.
It is alleged that between 9 February and 24 May this year, TP Dynamics began construction on a large Belconnen development without approval and not in accordance with approved plans for the site.
In August 2018, Canberra Town Planning Pty Ltd, acting on behalf of Bruce Developments, submitted a development application for Block 12 & 13 Section 32 Bruce, commonly referred to as the ‘Wish Bruce’ development.
The DA included 56 townhouse and 12 terrace residences, ground floor commercial spaces and a basement car parking development.
Despite their DA not receiving approval by the Planning and Land Authority, the ACT Construction Occupations Registrar alleges that TP Dynamics started extensive development and associated building works at the site.
On 24 May, Access Canberra issued a stop-work notice and a prohibition notice, shutting down the site and preventing TP Dynamics from undertaking further development work on the site.
ACT Construction Occupations Registrar Ben Green said TP Dynamics was yesterday served with four summons for breaches of the Planning and Development Act 2007 and the Building Act 2004.
“We allege that the required approvals were not in place, which is a fundamental requirement that underpins the integrity of the building and development system,” Mr Green said.
“We know that the purchase of a residential property is one of the largest investments a citizen can make and they should be confident that the approvals required are in place and are being complied with.”
The four charges against TP Dynamics are:
- One charge under s.51(1) of the Building Act 2004 alleging that TP Dynamics carried out building work on a parcel of land and the carrying out of the building work fails to comply with one or more of the requirements for carrying out building work. Penalties up to a maximum of $37,500.
- One charge under s.51(4) of the Building Act 2004 alleging that TP Dynamics carried out building work, the building work was carried out not in accordance with approved plans and the builder knew or was reckless about whether the building work was carried out in accordance with approved plans. Penalties for a corporation are up to a maximum of 300 penalty units ($225,000), imprisonment for 3 years, or both.
- One charge under s.199(1) of the Planning and Development Act 2007 alleging that TP Dynamics undertook the development of Wish Bruce without development approval knowing that development approval is required. Penalties for a corporation are up to a maximum of 2500 penalty units ($2,025,000).
- One charge under s.199(2) of the Planning and Development Act 2007 alleging that TP Dynamics undertook the development of Wish Bruce without development approval and were reckless about whether the development requires development approval. Penalties for a corporation are up to a maximum of 1000 penalty units ($810,000).
Belconnen-based builder Madison Constructions has also been summonsed to court after ACT Construction Occupations Registrar alleges the company failed to comply with a rectification order on their Kelkiah Apartments on 21 Wiseman Street in Macquarie.
The rectification order required Madison Constructions to rectify the identified building defects, which included façade and ceiling cracking and waterproofing.
Madison Constructions was charged under s.40 of the Construction Occupations (Licensing) Act 2004. It is alleged Madison Constructions committed an offence as they failed to comply with the Rectification Order. The maximum penalty for the offence is 2000 penalty units ($1,620,000)
Both TP Dynamics and Madison Constructions are expected to face the ACT Magistrates Court on 6 November.