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Currency periods of approvals

The Planning Act 2016 came into effect on 3 July 2017 replacing the Sustainable Planning Act 2009 (SPA). It changes the all-important lapsing provisions as they relate to approvals. In an attempt to simplify the process, the legislation has changed the default currency period for an MCU to six years, and for a reconfiguration of a lot approval to four years. All other aspects of development must substantially start within two years. The legislation has removed the "roll forward" provisions that many of our clients relied upon to prolong their approvals.

For those who have approvals or compliance permits that were given under the SPA, the old lapsing provisions under section 341 of the SPA will continue to apply.

This is a timely reminder that if you have a development approval or compliance permit that was issued under the SPA, it is important to keep your eye on the relevant time frames. Any application for a "related approval" must be lodged within two years of the approval taking effect, or the most recent related approval taking effect.

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