Timeframes for the lapse of development authorisations

LG Leader December 2019

The timeframes for a lapse of a development authorisation are set out in regulation 48 of the Development Regulations 2008. Specifically, once a development authorisation is granted it will lapse if:

• building rules consent is not lodged, within 12 months from the granting of Development Plan consent;
• approved development is not substantially commenced within 12 months from the grant of full development approval – on that day;
• approved development is not substantially completed within three years from the grant of full development approval – on that day; and
• if the development involves the division of land and an application for a certificate under section 51 of the Development Act 1993 (“the Act”) has been lodged with the State Planning Commission accompanied by the relevant fee, three years from the grant of a consent.

Section 39(6) and (7) of the Act allows a variation to an existing development authorisation if, the original development authorisation is still operative (has not lapsed), the variation does not change the essential nature of the development and the other requirements set out in section 36(7) of the Act are met.

In accordance with section 39(7)(d) of the Act the granting of a variation does not automatically extend the timeframe for the development authorisation. Specifically, a variation application “unless otherwise approved by the relevant authority, cannot seek to extend the period for which the relevant authorisation remains operative”. This means that regardless of when consent to a variation application is granted, the timeframes for the original development authorisation continues to operate as the relevant timeframes for determining the lapse of a development authorisation, unless the relevant authority has granted an extension of time to the development authorisation in accordance with section 40(3) of the Act.

As part of the planning reforms, the timeframes for a lapse of a consent or approval is contained within regulation 67 of the Planning, Development and Infrastructure (General) Regulations 2016 (“the PDI Regulations”). The ability to vary an application is set out in section 119 of the PDI Regulations. While the timeframes in the PDI Regulations are similar to those outlined above, there are differences in the wording of the relevant provisions and the inclusion of new provisions (for example regulation 35 in the PDI Regulations) that can alter the operative timeframe for a consent

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