My Development Approval Has Expired, What Should I Do?
If the development has not substantially commenced before the expiration of the development approval period, the approval lapses. A new application for development approval is to be applied for and granted.
However, the landowner can request an extension to the time period of a development approval, in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 (see clause 77 of the deemed provisions). To apply please submit an amended application for development approval. Further information and application forms can be found here.
When considering an application to extend the time period, the Town assesses whether the planning framework has substantially changed since the development approval was granted, if the development would likely receive approval now and if the applicant has actively and relatively pursued the implementation of the development approval.
Has the Time Period of My Development Approval Extended Due to the State of Emergency COVID-19 Planning Changes?
If your development approval was granted between 8 April 2020 and 4 November 2022, a further two years (i.e. 4 years total) is added to the date by which the development shall be substantially commenced.
Example: My development approval was issued on 14 March 2022 and is due to expire on 14 March 2024. Due to the notice of exemption, the new expiration date for the development approval is 14 March 2026 (4 years from when development approval was granted).
For further information, please refer to the State of Emergency planning changes web page from the Department of Planning, Lands and Heritage.
How Long Is a Development Assessment Panel (DAP) Approval Valid For?
The Planning and Development (Development Assessment Panel) Regulations 2011 now provides for a 4 year term (rather than 2 years) as of right, noting that the decision-maker can apply a term longer if considered appropriate.
Further information regarding Development Assessment Panels can be found here.