It does not apply to this kind of case and both of those cases are distinguishable on their facts – in the first, the owner applied for approval and no response was given. The second involves a 17 year old cat.
As noted above, if a principle of acquiescence applied, anyone could do anything to the common property, and just say that the OC had acquiesced once a certain amount of time had elapsed. There have been a number of cases where owners have been required to remove works affecting common property where approval had not been obtained.
Under the previous Act, section 65A applied, under the current Act section 111 applies. It is not just a matter of compliance with by-laws.