PLANNING ACT 2016 - SECT 88
Lapsing of approval for failing to complete development
PLANNING ACT 2016 - SECT 88
Lapsing of approval for failing to complete development
88 Lapsing of approval for failing to complete development
(1) A development approval, other than a variation approval, for development
lapses to the extent the development is not completed within any period or
periods required under a development condition.
(2) A variation approval for
development lapses to the extent the development is not completed within—
(a) if a development condition required the development to be completed within
a stated period or periods—the stated period or periods; or
(b) if
paragraph (a) does not apply—the period or periods the applicant nominated
in the development application; or
(c) otherwise—5 years after the approval
starts to have effect.
(3) However, despite the lapsing of the development
approval, any security paid under a condition stated in section 65(2) (e) may
be used as stated in the approval or agreement under section 67(to finish the
development, for example).
