Reminder – Development Approval Currency Periods
Have you obtained a development approval in recent years, but not yet started?
This is a reminder for those of you who have obtained a development approval in recent years to check the applicable currency period to make sure that approval has not lapsed (or is not close to lapsing).
It is important that you take the opportunity to extend an existing approval that you have not commenced. This process is significantly less expensive and time consuming (only 20 business days) compared to a whole new development approval. Further, there may also be new rules and restrictions in place that can make obtaining a new approval for the same use more difficult.
Under the Planning Act 2016, a development approval will lapse at the end of the currency period being:
- Material Change of Use – 6 Years (the change of use must happen within 6 years after the approval takes effect);
- Reconfiguring a Lot (e.g. Subdivision) – 4 years (a plan of the reconfiguring must be given to the Local government (i.e. ‘plan sealing’ application) within 4 years after the approval takes effect);
- For other development (e.g. Building Work) – 2 years (the development must substantially start within 2 years after the approval takes effect).
However, for development applications obtained under the former Sustainable Planning Act 2009 (SPA), the currency period for a Material Change of Use is only 4 years. For reconfiguring a lot not requiring operational works, the currency period under SPA is only 2 years.
You can apply to Council to extend the currency period for an existing approval that has not lapsed. The application needs to be made before the approval lapses (but can be decided by Council after that date).
Please contact our office if you would like to confirm the status of your development approval or need assistance with an approval extension.
To view this blog in PDF, click Development Approval Currency Periods
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