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Planning Law changes provide extra time to act on development approvals and impose additional requirements for planning and development certificates

Posted by Clare Heitkonig on 19 October 2021
Planning Law changes provide extra time to act on development approvals and impose additional requirements for planning and development certificates

Developers have an extra six months to act on certain development approvals and compliance permits.  Local governments must ensure that planning and development certificates now describe any proposed planning schemes.

Extension to time for development approvals

In July 2020, the Minister for State Development, Infrastructure, Local Government and Planning issued an extension notice that applied to development approvals and compliance permits that were in effect on 8 July 2020, or that came into effect between 8 July 2020 and 31 October 2020.  The notice had the effect of extending those approvals for a further six months.

On 1 September 2021, the Minister issued another extension notice under the Planning Act 2016 which has the effect of further extending the time for undertaking approved development.  

The extension notice applies to development approvals and compliance permits in effect as at 1 September 2021, as well as those that come into effect between 1 September 2021 and 30 September 2021.  The notice extends the following for a period of six months:

  1. Development approval and compliance permit currency periods under section 85, section 299(2) or any other relevant provision of the Planning Act 2016; and
  2. Development approval periods for completion of development referenced in section 88, section 342 or any other relevant provision of the Planning Act 2016.

Importantly, the Department has made clear that the extension notice does not revive development approvals that had lapsed before 1 September 2021.  The notice also does not apply to building development approvals to which section 71 of the Building Act applies (relating to approvals for demolition, removal and rebuilding structures).

Content of standard planning and development certificates

On 17 September 2021, the Planning Regulation 2017 was amended to:

  1. Extend the expiry date of the economic support instrument provisions until 17 September 2022; and
  2. Implement certain changes to the regulation relating to the content of planning and development certificates and referral agency requirements for end-of-trip facilities.

The amendments to the Planning Regulation now require standard planning and development certificates to include “a description of a planning scheme that is proposed to replace the local government’s existing planning scheme and has not yet been made at the time the certificate is given”.

For local governments that are in the process of preparing a new planning scheme, it will be necessary to include a description of the new planning scheme that the local government has proposed to make but is not yet made in any standard or full planning and development certificate.

If you would like to discuss the content that should be included in your planning and development certificates, or what these amendments might mean for the currency period of development approvals you have issued, please contact Terry Law or Clare Heitkonig or call us now on (07) 3243 0000 to discuss.

Clare HeitkonigAuthor:Clare Heitkonig
About: Clare is an Associate in the firm's Planning & Environment Group. She also undertakes work in the firm's Dispute Resolution & Litigation Group.
Tags:Local GovernmentPlanning & EnvironmentDevelopment ApprovalLegislation

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