Extensions of time
Under the Sustainable Planning Act 2009 and Planning Act 2016, a development approval has a currency period or relevant period. This means that a development approval has a certain amount of time in which a particular action may need to be undertaken, otherwise it will lapse (i.e. no longer valid). Different development applications may have different currency periods.
Generally, Council includes a standard advice note on any development approvals that will refer you to the section of the legislation that outlines the currency or relevant period for that specific application.
An applicant may make an application to Council to extend the currency or relevant period before the application lapses. This request must be made in the approved form, accompanied by the required fee and the written consent of the owner of the premises (where the owner is not the applicant).
Changes to development approvals
An applicant can make a change to a development approval, either through their appeal period or after the appeal period. To make a change to the approval in the appeal period, change representations are required to be submitted to Council, along with the relevant fee and any other supporting information. If you require further time to make change representations, you can request to suspend the appeal period which will allow you a further 20 business days to make change representations.
A change can also be made after the appeal period is finished. Depending on the scope of the change, it may be considered a ‘minor’ change, or an ‘other’ change. To be considered as a minor change, the change must meet the requirements of Schedule 1: Substantially different development of the Development Assessment Rules.Both a ‘minor’ and ‘other’ change application must be made to the responsible entity for the development application, as per section 78 of the Planning Act. This will include the Change Application Form, supporting information as required including owner’s consent, and the applicable fee.
Contact Council’s Technical Advice Officers on 131 872 for further information.